BILL NUMBER: SCR 69	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Galgiani

                        AUGUST 20, 2013

   Relative to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   SCR 69, as introduced, Galgiani. Prisoners: overcrowding.
   This measure would urge the Attorney General to instruct law
enforcement agencies to refer to the relevant United States Attorneys'
Offices in this state all firearm, ammunition, and robbery cases for
their review before commencing state prosecution. The measure would
urge the Attorney General to seek a reduction in the prisoner
population in the state prisons of at least 20,000 inmates by
shifting these inmates to federal prisons, and report the results of
these efforts.
   Fiscal committee: yes.



   WHEREAS, In Brown v. Plata (2011) 131 S.Ct. 1910, the United
States Supreme Court affirmed a lower federal district court panel's
order that California reduce its prison population by approximately
10,000 inmates; and
   WHEREAS, In dissenting from the decisions affirming the order,
Justices Antonin Scalia and Clarence Thomas noted that the release of
such a large number of inmates would create serious public safety
concerns; and
   WHEREAS, The State of California is required to spend hundreds of
millions of taxpayer dollars to house prisoners in private facilities
or out of state, or by reopening or building new facilities, thus
depriving the people of the state the use of that money for other
services; and
   WHEREAS, The State of California has an obligation to adopt
measures to stabilize and ultimately reduce the factors that have
resulted in the increased prison population by, among other things,
the adoption of substance abuse treatment measures, mental health
care, and other measures that do not compromise public safety; and
   WHEREAS, The Legislature and the voters have taken steps to reform
the state's sentencing practices and increase prison capacity
through numerous measures, and making these adjustments, including
measures to reduce recidivism and to prevent crime, will take several
years; and
   WHEREAS, The State of California is a "donor" state to the United
States Treasury, in that California pays far more in taxes to the
United States Treasury than it receives in federal expenditures and
grants; and
   WHEREAS, A large number of prisoners within the California prison
system have also committed violations of federal law, such as being a
"prohibited person" in violation of ammunition or firearms laws, or
violating the Hobbs Act, and under federal sentencing guidelines, the
Armed Career Criminal Act, and the "3 Strikes and You're Out" law,
federal sentences imposed and served for these and other crimes meet
or exceed sentences imposed under California law; and
   WHEREAS, In the prosecution of violations of federal firearms
laws, Hobbs Act violations, and other federal crime provisions, the
United States Attorney's Offices in the Central and Eastern Districts
of California rank near the bottom in the number of prosecutions for
the 93 United States District Courts, despite the fact there is no
indication that these two districts have an inordinately low number
of cases subject to prosecution under those laws compared to other
districts; and
   WHEREAS, Pursuant to Section 13 of Article V of the California
Constitution, subject to the powers and duties of the Governor, the
Attorney General is the chief law officer of the state, and has
direct supervision over every district attorney and sheriff and over
those other law enforcement officers as may be designated by law in
all matters pertaining to the duties of their respective offices; and

   WHEREAS, The current state prison overcrowding is the direct
result of federal authorities creating the circumstances where the
overcrowding now exists, resulting in the need for extraordinary
measures being taken to prevent the release of a large number of
dangerous offenders into society; now, therefore, be it
   Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the Legislature hereby urges the Attorney
General in her supervisory capacity to instruct all law enforcement
agencies within the state to create procedures that require all law
enforcement agencies to first refer to the relevant United States
Attorney's Offices in this state all firearm, ammunition, and robbery
cases for their review before commencing state prosecution; and be
it further
   Resolved, That the Legislature hereby urges the Attorney General
to seek the reduction of the state's prison population by at least
20,000 inmates by shifting these present and future offenders into
the federal prison system, thus giving the state sufficient time to
address the order of the federal district court and to "right size"
and reform the state's prison system; and be it further
   Resolved, That the Legislature urges the Attorney General to
report the results of this procedure to the Legislature with detailed
statistics as to the results of this procedure by county District
Attorneys and United States Attorneys' Offices; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the Attorney General of the State of California, the
Governor of the State of California, all 58 county District Attorneys
within the State of California, the President and Vice President of
the United States, the Attorney General of the United States, and all
United States Attorneys' Offices within the State of California.