BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2011-2012 Regular Session B
2
2
9
AB 2298 (Ma) 8
As Amended June 25, 2012
Hearing date: July 3, 2012
Penal Code
SM:mc
METAL THEFT
HISTORY
Source: California Farm Bureau Federation
Prior Legislation: AB 316 (Carter) - Chapter 317, Statutes of
2011
AB 2372 (Ammiano) - Chapter 693, Statutes of 2010
AB 237 (Carter) - 2009, failed passage in Senate
Public Safety
SB 447 (Maldonado) - Chapter 732, Statutes of 2008
SB 691 (Calderon) - Chapter 720, Statutes of 2008
AB 844 (Berryhill) - Chapter 731, Statutes of 2008
AB 1778 (Ma) - Chapter 733, Statutes of 2008
AB 1859 (Adams) - Chapter 659, Statutes of 2008
AB 2724 (Benoit) - 2008, failed passage in Senate
Public Safety
Support: California State Association of Counties (CSAC);
California Association of Wheat Growers; California
Bean Shippers Association; California Chamber of
Commerce; California Grain and Feed Association;
California Seed Association; California Pear Growers
Association; California State Floral Association;
California State Sheriffs' Association; California
Warehouse Association; Pacific Egg and Poultry
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Association; California Business Properties
Association; NuCal Foods
Opposition:None known
Assembly Floor Vote: Not relevant
KEY ISSUES
SHOULD THE METAL THEFT TASK FORCE FUND BE ESTABLISHED WITHIN THE
STATE TREASURY TO BE ADMINISTERED BY THE BOARD OF STATE AND
COMMUNITY CORRECTIONS?
SHOULD THE BOARD BE REQUIRED TO DEVELOP SPECIFIC GUIDELINES AND
ADMINISTRATIVE PROCEDURES FOR THE SELECTION OF REGIONAL TASK FORCES
TO RECEIVE FUNDS UNDER THIS PROGRAM, AS SPECIFIED?
SHOULD EACH REGIONAL TASK FORCE THAT HAS BEEN AWARDED FUNDS
AUTHORIZED UNDER THE PROGRAM DURING THE PREVIOUS GRANT-FUNDING
CYCLE, UPON REAPPLICATION FOR FUNDS TO THE BOARD IN EACH SUCCESSIVE
YEAR BE REQUIRED TO SUBMIT A DETAILED ACCOUNTING OF FUNDS RECEIVED
AND EXPENDED IN THE PRIOR YEAR IN ADDITION TO ANY INFORMATION
REQUIRED BY THIS TITLE, AS SPECIFIED?
SHOULD THE BOARD BE REQUIRED TO REGULARLY REVIEW THE EFFECTIVENESS
OF THE PROGRAM IN DETERRING, INVESTIGATING, AND PROSECUTING METAL
THEFT AND RELATED RECYCLING CRIMES AND TO PRESENT A REPORT TO THE
LEGISLATURE AND GOVERNOR INCLUDING SPECIFIED INFORMATION?
SHOULD THE PROGRAM ESTABLISHED PURSUANT TO THIS TITLE 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 SPECIFIED?
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PURPOSE
The purpose of this bill is to (1) establish the Metal Theft
Task Force Fund within the State Treasury to be administered by
the Board of State and Community Corrections (BSCC); (2) require
the BSCC to establish the Metal Theft Task Force Program and
provide that moneys appropriated to the board 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; (3) 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; (4) provide that the board shall develop
specific guidelines and administrative procedures for the
selection of regional task forces to receive funds under this
program, as specified; (5) provide that each regional task force
that has been awarded funds authorized under the program during
the previous grant-funding cycle, upon reapplication for funds
to the board in each successive year, shall submit a detailed
accounting of funds received and expended in the prior year in
addition to any information required by this title, as
specified; (6) provide that the board shall regularly review the
effectiveness of the program in deterring, investigating, and
prosecuting metal theft and related recycling crimes, and shall
present a report to the Legislature and Governor including
specified information; and (7) provide 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 specified.
Current law provides for the "Corrections Standards Authority,"
("CSA") an entity within the California Department of
Corrections and Rehabilitation ("CDCR"), as specified. (Penal
Code
� 6024.)
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Current law establishes, commencing July 1, 2012, the "Board of
State and Community Corrections," ("BSCC") as the successor
entity to CSA, an entity independent of CDCR, 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,
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
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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.
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.
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. The board shall
communicate with local agencies and programs in an effort
to promote the best 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
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shall provide to the Governor and the Legislature a report
on the implementation of the plans described above. (Penal
Code
� 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.)
This bill would make the following uncodified findings and
declarations:
The theft of metal is a serious problem in California.
Losses due to metal theft are not limited to just the value
of the metal taken, but frequently the cost of repairing or
replacing the infrastructure, component, or item from which
the metal has been removed greatly exceeds the value of the
metal itself. The United States Department of Energy
estimates that metal theft costs United States businesses
approximately one billion dollars ($1,000,000,000)
annually.
--------------------------
<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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It is the intent of the Legislature in enacting this
title to provide local law enforcement and district
attorneys with the tools necessary to successfully
interdict the commission of metal theft and related metal
recycling crimes.
This bill provides, 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.
This bill provides:
The Metal Theft Task Force Fund is hereby established
within the State Treasury. Transfers to the Metal Theft
Task Force Fund shall be deposited in the Treasury, or in a
state depository bank approved by the Treasurer. These
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
from the federal government, industry, and citizen sources.
Funds provided under this program are 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.
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This bill provides:
The fund shall be administered by the board.
The board may adopt regulations as needed to administer
this title.
Administration of the overall program and the evaluation
and monitoring of all grants made pursuant to this title
shall be performed by the board.
This bill provides:
The board shall establish the Metal Theft Task Force
Program. Administration of the overall program and the
evaluation and monitoring of all grants made pursuant to
this title shall be performed by the board.
Moneys appropriated to the board 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.
After deduction of the board's actual and necessary
administrative costs, the funds shall be 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.
Funds distributed under this program shall be expended
for the exclusive purpose of deterring, investigating, and
prosecuting metal theft and related recycling crimes.
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.
This bill provides that the board shall 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
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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 shall 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 as deemed necessary to 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 authorized pursuant to
Sections 14170 and 14180.
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.
This bill provides:
Each regional task force that has been awarded funds
authorized under the program during the previous
grant-funding cycle, upon reapplication for funds to the
board in each successive year, shall submit a detailed
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accounting of funds received and expended in the prior year
in addition to any information required by this title.
The accounting shall 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.
o The number of filed complaints,
investigations, arrests, and convictions that resulted
from the expenditure of the funds.
This bill provides:
The board shall regularly review the effectiveness of
the program in deterring, investigating, and prosecuting
metal theft and related recycling crimes and shall,
notwithstanding Section 10231.5 of the Government Code,
present a report to the Legislature and Governor.
The report shall be based on information provided by the
regional task forces in an annual report to the board which
shall detail all of the following:
o The number of metal theft and recycling crime
cases filed in the prior year.
o The number of metal theft and recycling crime
cases investigated in the prior year.
o The number of victims involved in the cases
filed.
o The number of convictions obtained in the
prior year.
o The total aggregate monetary loss suffered by
the victims, including damage caused by the theft.
o An accounting of funds received and expended
in the prior year, which shall include all of the
following:
The amount of funds received and
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expended.
The uses to which those funds were
put, including payment of salaries and expenses,
purchase of supplies, and other expenditures.
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.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
("ROCA")
In response to the unresolved prison capacity crisis, since
early 2007 it has been the policy of the chair of the Senate
Committee on Public Safety and the Senate President pro Tem to
hold legislative proposals which could further aggravate prison
overcrowding through new or expanded felony prosecutions. Under
the resulting policy known as "ROCA" (which stands for
"Receivership/Overcrowding Crisis Aggravation"), the Committee
has held measures which create a new felony, expand the scope or
penalty of an existing felony, or otherwise increase the
application of a felony in a manner which could exacerbate the
prison overcrowding crisis by expanding the availability or
length of prison terms (such as extending the statute of
limitations for felonies or constricting statutory parole
standards). In addition, proposed expansions to the
classification of felonies enacted last year by AB 109 (the 2011
Public Safety Realignment) which may be punishable in jail and
not prison (Penal Code section 1170(h)) would be subject to ROCA
because an offender's criminal record could make the offender
ineligible for jail and therefore subject to state prison.
Under these principles, ROCA has been applied as a
content-neutral, provisional measure necessary to ensure that
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the Legislature does not erode progress towards reducing prison
overcrowding by passing legislation which could increase the
prison population. ROCA will continue until prison overcrowding
is resolved.
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On May 23, 2011, the United States Supreme Court upheld the
decision of the three-judge panel in its entirety, giving
California two years from the date of its ruling to reduce its
prison population to 137.5 percent of design capacity, subject
to the right of the state to seek modifications in appropriate
circumstances. Design capacity is the number of inmates a
prison can house based on one inmate per cell, single-level
bunks in dormitories, and no beds in places not designed for
housing. Current design capacity in CDCR's 33 institutions is
79,650.
On January 6, 2012, CDCR announced that California had cut
prison overcrowding by more than 11,000 inmates over the last
six months, a reduction largely accomplished by the passage of
Assembly Bill 109. Under the prisoner-reduction order, the
inmate population in California's 33 prisons must be no more
than the following:
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167 percent of design capacity by December 27, 2011
(133,016 inmates);
155 percent by June 27, 2012;
147 percent by December 27, 2012; and
137.5 percent by June 27, 2013.
This bill does not aggravate the prison overcrowding crisis
described above under ROCA.
COMMENTS
1. Need for this Bill
According to the author:
Metal theft is a serious problem affecting the state.
With the price of a pound of copper increasing from
$0.70 in 2001 to $4.00 per pound now, the rate of
metal theft has dramatically increased. Counties and
news media have been reporting a sharp uptick in the
incidences of metal theft as thieves commonly steal
metal from sites, such as construction zones,
railroads and telephone poles, and sell it for a
sizeable profit.
California farmers and ranchers, in particular, are
seeing sharp increases in the rate of metal theft.
Thieves strip copper wires and pipes from farm
equipment and orchards. The cost of replacing copper
wire on an irrigation pump ranges from $1,500 to
$4,000. When the irrigation pump is damaged in a
theft, the repair costs can reach tens of thousands of
dollars. Yet this cost only covers repair of the
pump, not the cost of potential crop damage caused by
lack of irrigation while the pump was unusable.
The office has convened a stakeholder meeting that
included law enforcement, recyclers, and utilities,
among others. While there are many laws on the books
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that seek to address the rising rates of metal theft,
law enforcement lacks the resources to dedicate time
and personnel for the investigation and prosecution of
metal theft and other rural crimes.
Originally created in 1996, the Central Valley Rural
Crime Prevention Program (Chapter 327, Statutes 1996).
The program allows Tulare, Fresno, Kern, Kings,
Merced, San Joaquin, Stanislaus and Madera to enter
into a joint-powers agreement to share resources,
personnel hours and information regarding rural
crimes, including metal theft. The Central Coast
Rural Crime Prevention was similarly created and
modeled after the Central Valley program and includes
Monterey, San Benito, Santa Barbara, San Luis Obispo
and Santa Cruz counties.
These programs allowed counties the option to
establish a multiagency task force to create and
implement strategies at preventing agricultural
crimes. A 2002 LAO report found that the "program's
rate of arrests, prosecutions, and convictions were
higher than the statewide average." Additionally,
"efforts to recover lost equipment have been
successful in recovering nearly half of each dollar
reported lost." The report also noted that the
Legislature should "determine whether to limit the
program to the current eight counties or to make it
available to other counties with agricultural
production."
AB 2298 would create the "Metal Theft Task Force,"
that would replicate the Central Valley and the
Central Coast Rural Crime Prevention Programs on a
state level. The program would be voluntary and would
provide grants to regional task forces to provide
local law enforcement and district attorneys with the
tools and funding necessary to combat metal theft.
Funds would be distributed to interested counties to
be used to enhance the capacity of local law
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enforcement and prosecutors to deter, investigate, and
prosecute metal theft and related recycling crimes.
The Metal Theft Task Force would be financed through a
combination of funds from the federal government,
industry and citizen sources. AB 2298 contains
provisions that would delay implementation of the
Metal Theft Task Force until the Department of Finance
determines sufficient funding has been met.
2. Effect of the Bill
This bill would place substantial new duties on the newly
established Board of State and Community Corrections (BSCC).
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, apparently on
an annual basis, although the frequency and number of reports
required is unclear.
As noted above, the reconfigured BSCC became operational on July
1st. In addition to its continuing responsibilities from when
it was the Corrections Standards Authority and before that the
Board of Corrections, the new BSCC will be expected to emerge as
a key state entity responsible for facilitating issues relating
to the 2011 Public Safety Realignment. As noted in the March
22, 2012, Agenda for Subcommittee No. 5 of the Senate Budget and
Fiscal Review Committee concerning BSCC:
The Board will be critical to the implementation and
success of the 2011 public safety realignment. One of
the key drivers in establishing the Board was the need
for a state/local body that could serve as the
backbone of California's public safety continuum. To
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facilitate local success, California needs to
strategically coordinate support, foster local
leadership, target resources and provide technical
assistance. Per statute, the Board will be charged
with "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."
The Board also will have the duty to "collect and
maintain available information and data about state
and community correctional policies, practices,
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 well as information
and data concerning promising and evidence-based
practices from other jurisdictions."
Within these responsibilities, the Board will play a
key role in collecting, maintaining, and reporting
data regarding the 2011 public safety realignment.
Such data will be critical in understanding how
resources should be allocated and how program success
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is ultimately measured.
It is worth noting that there is significant interest
in researching and reporting on aspects of the 2011
public safety realignment from within academic and
private foundation communities. One project of note,
The Partnership for Community Excellence (The
Partnership) established by California Forward, seeks
to develop a "hub" to coordinate efforts to assist
local governments in implementing public safety
realignment. The Partnership notes that the state has
not provided any direction or assistance to counties
in developing integrated strategies to reduce costs
and improve outcomes. This effort highlights the
urgency for the Board to assume its responsibilities
in ensuring that California has an efficient and
effective approach to public safety in a time of such
momentous change.
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.
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3. Previous Legislation to Curb Metal Theft
Earlier this year, this Committee approved SB 1387 (Emmerson),
which would prohibit junk dealers and recyclers from possessing
any fire hydrant, fire department connection, manhole cover or
backflow 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
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materials stolen and for any collateral damage caused
during the theft.
4. Statement in Support
The California Farm Bureau Federation states:
AB 2298 (Ma), when funded, would expand law
enforcement's ability to focus on the metal theft
epidemic and ensure that existing laws aimed at
reducing metal theft are enforced. California has
numerous laws to regulate the recycling of metal, many
of which are aimed at reducing the market for stolen
metals. This bill would help provide resources to law
enforcement to combat metal theft.
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