THE PROTECT YOUR PEOPLE BUDGET FOR SANTA CLARA COUNTY A Plan to DEFUND the Criminal Punishment System and to INVEST in Community Models of Safety and Justice
INTRODUCTION
W
e are families of Santa Clara County who have been severely harmed by the criminal punishment system. Our loved ones have been snatched
away forcefully and violently by law enforcement, our children are growing up without their parents, our loved ones’ names are dragged in the media. We fear our loved ones will die in jail during a lethal pandemic. In the memory of those we have lost to the system, including the spirit of George Floyd and Breonna Taylor, and countless names across the country that has created this transformative moment, we want to present this vision of hope and justice - a new definition of safety for Santa Clara County.
PROCESS & INTENT:
F
or weeks, we gathered — parents of those locked up in jail and juvenile hall, the formerly incarcerated, those of us who’s loved ones were killed after
calling 911 for mental health support — to talk about our shared experiences, review the budgets and construction of the departments of the criminal punishment system that harmed us, as well as the community models of safety we know is our path forward. From this community process we created analysis and turned pain into solutions. We authored this report as a tangible local policy expression of Black Lives Matter. We call on the Board of Supervisors to divest from the harms of the criminal punishment system, and to invest the resources into into Black and Brown community led models of safety, restoration, and healing. We know what it takes to be safe. Safety, and how it is defined, belongs to us. We present the following public safety proposal.
DIVEST DIVEST FROM THE DISTRICT ATTORNEY’S OFFICE (DAO) Ultimately, there is no other agency or elected official that is more responsible for mass incarceration and lack of accountability of law enforcement than District Attorney’s Office. These are the practices of the DAO we need to divest from first •
Eliminate the District Attorney’s Gang Prosecution Unit.
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Divest from the DAO’s practices of over charging, use of enhancements, and pursuit of life sentences and Life WithOut Parole (LWOP).
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Eliminate the DAO practice of challenging state-passed laws intended to decarcerate and promote rehabilitation and fairness in the criminal justice system.
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Eliminate the DAO from petitioning youth to be transferred to adult court.
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Reject the DAO’s new proposed Public and Law Enforcement Integrity Team and explore accountability mechanisms outside the DAO as the the office works too closely with police to be truly independent in their review.
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Remove the activities under the Bureau of Investigations Unit that conducts “officer-involved shootings” as it is an ineffectual unit by design and intent, and fire investigators who were former police officers.
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Remove the Victim Services Unit out of DAO and make it its own independent department.
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Terminate recently hired prosecutors in the DAO from San Francisco and all prosecutors who have a history of prosecutorial misconduct.
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Divest from the DAO practice of retrial when the first trial results in a mistrial.
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Move the Conviction Integrity Unit from the DAO and place it as its own independent office.
DIVEST FROM THE OFFICE OF THE SHERIFF // CORRECTIONS DEPARTMENT Given the alarming health concerns particularly during COVID-19- from impacted community inside and outside — this is what we want to divest from within the Sheriffs and Correctional department budgets: •
Eliminate funding for the new jail.
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Redirect any current and future COVID funds from the Sheriff’s and Corrections office towards Public Health to manage the safety of our loved ones inside.
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During COVID pandemic, end transfers to and from prisons.
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Shift funding to increase visiting opportunities.
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Remove the Grievance Process/Department from the Corrections Department.
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Defund gang investigation and gang units for patrol and correctional officers.
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Remove youth programs from within the Sheriff’s Office.
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Eliminate funding for increased personnel and overtime use.
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Remove deputies (enforcement, correctional, and administrative) who have discipline and misconduct claims in their records.
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Require deputies to carry their own liability insurance.
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Stop the Sheriff from applying for or accepting military equipment.
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Revamp the classification system and program delivery based on needs, not charges.
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Stop housing youth whose cases originate in juvenile hall.
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Eliminate the use of AD-SEG.
DIVEST FROM THE PROBATION OFFICE As we push to decarcerate, our efforts should also include limiting the system controls in the community such as probation. We must reimagine what ‘release’ means that is not simply extended system control of Black and Brown communities -- to allow our loved ones access and support to the tools and strategies we need to survive, thrive and build our community. Towards that end, we call to divest from Probation by: •
Eliminating court and system fines and fees from individuals.
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Separating juvenile probation from adult probation and placing it under the care of a county department whose main focus is the health and development of children and youth. During COVID pandemic, end transfers to and from prisons.
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Dramatically reduce the time and burdensome and overly restrictive conditions of probation that do not support the individual’s freedom and future.
INVEST Reallocations into Black and Brown Community Models of Safety and Supporting County Departments If the County follows the above demands and divests funding from these problematic aspects of the county budget that actively hurt and harm our communities, there is funding available to invest into community initiatives and existing county offices that instead seek to help, heal, and support our communities. SHIFT FUNDING TO TRUSTED COMMUNITY PROGRAMS. •
Community-based programs that help reduce incarceration, especially in the pretrial stage.
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Community-based programs for individuals being released from incarceration led by trusted organizations led by/ comprised of formerly incarcerated individuals.
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Community-based alternatives to police responding to behavioral health crisis calls.
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Community-based alternatives to DJJ (Department of Juvenile Justice) and other forms youth confinement.
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Community-based alternatives to adjudication that provide restorative justice and transformative justice models.
INVEST IN THE OFFICE OF THE PUBLIC DEFENDER, THE ALTERNATE DEFENDER AND THE INDEPENDENT DEFENDER OFFICE. We ask that these Defender Offices be properly funded to adequately staff and represent our community and provide legal justice. To invest in our defenders, funding should go to: •
Hire more defense attorneys, investigators, and social workers.
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Expand the Pre-Arraignment Unit.
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Expand Post-Conviction representation.
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Increase the defender offices’ budgets to provide collaborative opportunities to build between community and defenders.
INVEST IN PRETRIAL SERVICES Pretrial is essential to our court system because it is through their office that our loved ones are able to be safely released and fight their case out of custody. We ask the County to allocate more funds towards this office because we have seen it run understaffed and it is critical to have a well resourced office to fully do its duties to assist loved ones return to court. To invest in pretrial services, funding should go to: •
Increase Staffing to expand non-custody releases that provide supports rather than restrictive system control mechanisms such as electronic monitoring and home detention.
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Increase Partnerships with Community Programs.
INVEST IN RE-ENTRY SERVICES The Re-Entry services should partner with other agencies and community organizations that help people getting released integrate into their community easier. In addition, the Re-Entry office should be housed separate from any law enforcement agency. This is why community members feel more comfortable with the Faith Based Re-Entry providers. The best way to operationalize this support system to invest in community partners and increase faith based partners to fulfill this needed work. Housing and employment support is particularly vital as our County reals with the hardships of COVID-19 and INVEST IN THE OFFICE OF SUPPORTIVE HOUSING. To support those who are unhoused and/ or teetering at the brink of homelessness, we demand funding for more accessible shelters, case workers who are trauma-informed, and rent relief and other opportunities for people to stay in their homes, particularly when they are at risk of eviction and houselessness – especially during COVID-19. Lastly, we demand the county supports the South Bay Community Land Trust, which seeks to enable and empower people to buy and own their own land at affordable rates. INVEST IN CUSTODY HEALTH. There should be no cuts to this department, particularly during a pandemic, and an increase in accountability mechanisms to ensure the efficacy of the department. We demand that there is an increased ratio of medical staff to individuals inside, and the expectation to provide regular physicals with each person, so as to provide preventative health care, not just reactionary health care. Finally, all medical grievances should be directed to and reviewed by an outside agency, such as OCLEM, instead of the Sheriff. INVEST IN BEHAVIORAL HEALTH. Behavioral health is an essential part of this county’s work, but they are underfunded. The proposal we support is the non-police crisis response plan presented by the Behavioral Health Contractors Association. Our community demands behavioral health staff that are properly trained, that they are on call 24/7, and do not include law enforcement. There also needs to be adequate and expanded mental health programs for those facing incarceration and those who are released. INVEST IN AN INDEPENDENT VICTIM’S ASSISTANCE UNIT. The Victim’s Unit must be funded to become an independent office, separate from the DAO and any law enforcement entity. The definition of “victim” needs to be expanded to include, but not be limited to, families who lost loved ones to law enforcement violence, those who have been wrongfully convicted, and wrongfully accused. We appreciate your thoughtful consideration of our proposal. And we look forward to working with you to translate this community driven process into actionable policy decisions that will animate the power and promise of Black Lives Matter into a public safety vision for Santa Clara County.