A new Homeless Court launched in Long Beach last summer in hopes of getting homeless people out of the criminal justice system and into services they need. What other ways could the prosecutor’s office help alleviate homelessness?
We need to understand homelessness as the end result of a number of interrelated factors, with poverty at the center. There are many people in our city on the brink of homelessness—one rent payment, one trip to urgent care, one car repair away from moving into their friend’s house, sleeping in their car, or living on the street. This is not the city any of us want to live in. We need to build up our community to alleviate homelessness. The prosecutor’s office can be part of the solution.
We need to stop criminalizing poverty and homelessness. The current approach of selectively enforcing municipal codes against sleeping on the concrete has failed and will continue to fail. We can’t just move people around the city without having a place for them to live. We need to actually use the Homeless Court and stop the city prosecutor’s practice of objecting to treatment.
For truly victimless offenses, we need to be providing services instead of putting people in jail, which disrupts their link to service providers and further impoverishes them with court fines. Unless someone has endangered public safety or harmed someone else or their property, charging them with a crime is doing more harm than good. I will end this practice.
For cases with actual public safety implications, we need to work with all service providers—including the Veterans Administration, county and city programs, the newly established Ronald R. Arias Health Equity Center in North Long Beach, and private, nonprofit and community groups, to get people back on their feet. We also need to use the city prosecutor’s office to advocate for poverty reduction programs in our city.
I will also discontinue the city prosecutor’s practice of intervening in the eviction process and threatening tenants with criminal prosecution. This is a specialized area of law and the prosecutor’s office should not be getting involved as an advocate for either side.
Crime is consistently mentioned as a leading issue for voters. What kind of programs do you think can work to reduce crime and how would you implement them if elected?
The city needs to take a proactive approach to public safety that addresses the root causes of crime—poverty, homelessness, mental illness and substance abuse. The city also needs to make sure that we are using law enforcement resources equitably and that we are responding and taking reports from citizens who report crime so that we have an accurate picture of crime in our city.
The city prosecutor’s office can reduce crime by adopting an evidence-based approach to criminal prosecution that prioritizes reducing recidivism. This office only addresses misdemeanors, meaning no one is being sentenced to more than a year in the county jail through the city prosecutor’s office. That means that people sentenced to jail time will be back in our community in a year or less. While people may like the idea of criminals “doing time” for the crime they committed, the practice of jailing people who commit misdemeanor offenses without any other interventions and then returning them into our community does nothing to make our city safer.
The best way we can reduce recidivism is by providing defendants with incentives to stay on the straight and narrow and the resources to make this possible. Right now, people are flying through this system without individualized attention as to why a crime was committed and how we can avoid this in the future. This is not an effective way to reduce crime in our community.
I will provide defendants with the opportunity to avoid a criminal filing altogether if they agree to undergo a comprehensive evaluation, treatment and monitoring. When we place people on probation, instead of the abstract threat of the maximum sentence for violations, I will create a system of swift, certain, and fair consequences that incentivize early and enduring compliance with probation. I will also ensure that people have the resources and support that they need to complete their probation successfully.
Finally, we need to begin rigorously tracking case filings, outcomes and recidivism, and making that information public so that the office can always be improving. I am committed to transparency and will ensure that the city prosecutor’s office is fair and transparent under my leadership.
Last year California ended cash bail for those who can’t afford it. Do you support ending cash bail entirely for people arrested in the city?
In 1964, Attorney General Robert F. Kennedy observed that our cash bail system is cruel and illogical. It remains so today. We need to end our cash bail system. In its place, we should develop a wide range of pretrial supervision options, with custody being a last resort for misdemeanors.
Cash bail means that wealthy people can be released from custody in almost every case, including murder. The system is fundamentally unfair and punishes people for being poor. We are one of two countries in the world with a for-profit cash bail system—every other country on earth recognizes the fundamental unfairness of our system. The City Prosecutor’s office has regularly used cash bail to coerce pleas from defendants by offering to release defendants from custody if they admit to committing a crime. Defendants often take these deals regardless of whether or not they committed the crime just to be released from jail, which is unjust and leads to them having a criminal record, making their ability to be productive members of our community more difficult.
This erodes our system of justice, and encourages a sloppy, ineffective approach to criminal justice and public safety. By beginning most cases with a defendant in custody and an offer to settle for minimal jail time, there is no opportunity to evaluate or create a plan for treatment and prevention. It creates a revolving door that is not improving public safety, but is just engaging in the appearance of being “tough on crime.” It does benefit bail bond companies, who have funded the political campaigns of the incumbent.
We should replace cash bail with a system of individualized custody determinations based on risks to public safety, with varying levels of supervision—more frequent check-ins, anger management and substance abuse classes, frequent court dates, ankle monitors, and custody in jail as a last resort. This approach values public safety and all of our community members’ well-being. For misdemeanor cases, release on the defendant’s own recognizance should be the default position.
Fireworks have been a quality of life concern for residents, and the issue has received increasing attention from city officials in recent years. What will you do to help ensure that the city’s ban is followed?
This is a personal issue to me, as a couple years ago, someone (rumored to be an off-duty police officer) set off a firework that lit a large pine tree on fire on the street backing up to mine. My two small children were already asleep, as neighbors quickly worked to douse their homes and trees with water. Thankfully, the swift action of the Long Beach Fire Department meant that no one was injured, but it was an unnecessarily scary night and we should not be burdening our firefighters with this. I also feel for our veterans, whose PTSD is often triggered by the sound of fireworks.
The current approach to fireworks has not addressed the problem and has wasted tax dollars. It is not realistic to think we can solve this problem through the criminal justice system alone. People are not going to celebrate Independence Day by barbecuing like they do every other weekend. Firework celebrations are part of the culture of this holiday and we need to find safe alternatives and take a harm reduction approach to fireworks.
We need to work with neighboring communities to ban the sale of fireworks. Our current sales ban does nothing but move tax revenue to communities like Lakewood, as Long Beach residents just cross Carson to buy them. We need to explore the idea of legalizing safe and reasonable fireworks and adopt their sale if they will displace more dangerous and disruptive fireworks. We have public fireworks shows for people who live in wealthier areas of the city—we need to provide safe, professional shows that are accessible to everyone in Long Beach.
For people who are arrested for fireworks offenses, I would implement a diversion program through the Long Beach Fire Department that teaches them about the risks and harms of fireworks, where they will be required to meet and hear from people who have been harmed by fireworks as well as learn about the harm done to Veterans who experience PTSD when fireworks are shot off in their neighborhoods. They could then become neighborhood ambassadors for firework safety. The prosecutor currently opposes judicial diversion in all fireworks cases, which is so counterproductive. People who possess fireworks are not criminals in the traditional sense and we need to be working with them to end the harm of fireworks in our community.