the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
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(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.
SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.
SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
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(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.
SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12
owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
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(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.
SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.
SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14
become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.
As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.
Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.
SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
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(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi Cal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.
SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.
SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.
SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16
shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17
City of La Verne,City Council
Agenda Report
DATE: September 3, 2024
TO: Honorable Mayor and City Council
FROM: Sam Gonzalez, Police Chief
SUBJECT: INCENTIVE PROGRAM FOR LATERAL ENTRY POLICE OFFICERS
SUMMARY
The Police Department anticipates up to nine police officer vacancies before the end of the calander year. To address these vacancies efficiently, the Department seeks to update its incentive program to further attract current sworn police officers from other agencies, thereby enhancing recruitment efforts. The proposed program includes monetary and non-monetary forms of incentives.
RECOMMENDATION
That the City Council approve and authorize the City Manager and Police Chief to update the incentive program to increase the amount of employee referral and lateral officer incentives.
DISCUSSION
The recruitment and field training of an experienced officer can be completed in nearly one-third of the time required for an inexperienced entry-level officer, saving approximately $80,000.
Given the accelerated deployment of officers and cost savings, the department proposes updating the monetary and non-monetary incentives to attract officers from other agencies to La Verne.
Updating the incentive program is crucial to maintaining competitiveness, as other cities offer similar or greater incentives. The proposed program includes providing existing employees with a monetary incentive for referring a lateral officer and granting flexibility to the City Manager and Police Chief to offer additional benefits to lateral officers not automatically provided to entry- level officers.
Employee Referral:
• Current Incentive: $1,000 upon the referred officer passing probation. • Proposed Update: $5,000, split into two payments—$2,500 at appointment and $2,500 upon completing probation.
Additional Benefits - The City Manager and Police Chief will be given discretion to negotiate with lateral candidates additional non-salary benefits to attract such qualified candidates.
Examples of incentives could include; allotment of additional vacation hours, transfer of accrued sick leave and vacation balances, as well as service credits (non PERS) for additional benefits.
Incentive Program for Lateral Entry Police Officers, Page 2
Incentive Bonus for Lateral Officers:
Proposed Bonus: $15,000, split into three payments—$2,500 at signing, $7,500 upon completion of training, and $5,000 upon completing probation.
Comparison with Other Local Los Angeles County Incentive Programs:
• City of Pomona: Offers a $40,000 signing bonus spread over the first year of employment.
• City of Glendale: Offers a $20,000 signing bonus spread over the first year of employment.
• City of Glendora: Offers a $7,000 signing bonus spread over the first year of employment.
The Department has experienced significant overtime costs due to staffing shortages in the fiscal year 2023-24, with up to six vacancies impacting the budget. Although recruitment efforts have been successful, retirements and separations have posed ongoing challenges. Last year, overtime costs due to vacancies significantly affected the Department's budget.
The implementation of the Lateral Officer Incentive Program will be mitigated by leveraging the Department's existing budget savings from personnel vacancies and a reduction in overtime and training expenses. The unutilized funds from unfilled officer positions will be reallocated to support the financial requirements of hiring lateral officers. The reallocation of existing funds ensures that the Lateral Officer Incentive Program will not require any additional budgetary appropriations and will remain within the current fiscal year's budget. This prudent use of funds aligns with the City's commitment to fiscal responsibility while addressing staffing needs to enhance public safety.
The Lateral Officer Incentive Program is a strategic initiative designed to address the current staffing challenges within the Department. By hiring experienced officers, the program not only fills existing vacancies effectively, but also brings expertise that can immediately contribute to the Department's operational effectiveness. The program aids in expanding our recruitment efforts, and incentivizing employees to help seek and attract qualified candidates to the City.
The program's structure ensures that the fiscal impact is clearly articulated and supported by a rationale that aligns with the City Council's expectations. However, it is important to note that this program is not intended to be a permanent fixture but rather a dynamic tool that can be utilized based on the department's needs. The Administrative Regulation (207) governing this program should provide the City Manager and the Chief of Police with the discretion to evaluate its necessity once adequate staffing levels are achieved. The program may be frozen once adequate staffing levels are achieved, and will continue only when the department's finances support it after receiving approval from the City Manager. This flexibility will allow the department to responsibly manage its resources while maintaining the ability to attract top-tier candidates when needed.
FISCAL ANALYSIS
The approval of this item will require no increase to the Fiscal Year 2024-25 Adopted Budget as personnel savings will be utilized to fund the incentives for the lateral officers.
Incentive Program for Lateral Entry Police Officers, Page 3
ENVIRONMENTAL ANALYSIS
None
LEGAL REVIEW
This report was reviewed by the City Attorney.
ATTACHMENTS
1. 207--Incentive for Recruit. of Lateral Pol.Ofcrs
NUMBER: 207 ISSUED: 5-4-05
EFFECTIVE DATE: 5-4-05
SUBJECT: INCENTIVE FOR RECRUITMENT OF LATERAL POLICE OFFICERS
I. PURPOSE: To provide guidelines for incentives for referring Lateral Police Officers to the City of La Verne.
II. GENERAL POLICY: In an effort to attract experienced officers to fill vacancies in the Police Department, on March 21, 2005, the City Council established a Referral Incentive Program. The program’s focus is to attract current permanent status sworn police officers from other agencies. Based on the provisions outlined below, current employees of the City would be eligible to receive an incentive equivalent to $1,000 for any referred officer that successfully completes probation with La Verne.
III. PROVISIONS:
A. Only current full-time employees or part-time employees with prior approval from their department head and the City Manager will be eligible to receive the incentive.
B. At the time their application is submitted, the lateral applicant must designate on their application the name of the employee who referred them.
C. Only applicants possessing the following will be considered as a Lateral Officer:
• Completed probationary training with a California Law Enforcement Agency. • Is in possession of at least a Basic P.O.S.T. certificate. • Has actively worked as a full-time peace officer within the last three years.
D. Incentive payments will be distributed as follows:
• $500 when lateral applicant has started employment with the City. • $500 when lateral applicant has passed their probationary period.
E. In lieu of a cash payment, full-time employees may request an equivalent credit to their vacation balance.
F. In cases where two or more eligible employees are noted as the referring party, payments will be divided equally.
_________________________________ __________________________ City Manager Date
City of La Verne,City Council
Agenda Report
DATE: September 3, 2024
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTION AMENDING THE SALARY SCHEDULE FOR FULL-TIME
EMPLOYEES
SUMMARY
After discussion with representatives from the California Public Employees Retirement System, the City was advised to amend the salary schedule for full-time employees to eliminate confusion with the listing of both Police Lieutenant and Police Lieutenant with Compaction. This action will delete the title of Police Lieutenant with Compaction but maintain the salary range currently used.
RECOMMENDATION
That the City Council adopt the attached Resolution titled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE SALARY SCHEDULE FOR FULL-TIME EMPLOYEES.”
DISCUSSION
As a result of the pending retirement of a long-time La Verne employee, the City was recently engaged by representatives from the California Public Employees Retirement System (CalPERS). During their review, they shared confusion related to the two different classifications with Lieutenant listed on the salary schedule for full-time employees. To prevent compaction issues and as negotiated with the Police Middle Management Association, the City utilizes a Police Lieutenant with Compaction classification. However, the current salary schedule also lists an unused legacy Police Lieutenant classification linked to the old median adjustment practice. This legacy position has no bearing on how employees in that rank are classified. Per the recommendation of CalPERS, eliminating, by title, the Police Lieutenant with Compaction classification and replacing with the Police Lieutenant classification will resolve possible future confusion.
FISCAL ANALYSIS
The recommended action has no fiscal impact.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution 24-XX Police Lieutenant Deletion from Salary Schedule
RESOLUTION NO. 24-??
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,
CALIFORNIA, AMENDING THE SALARY SCHEDULE FOR FULL-TIME
EMPLOYEES
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. Resolution No. 24-45 pertaining to the salaries of full-time employees is hereby amended to delete Grade 785, Police Lieutenant in its entirety.
Section 2. Resolution No. 24-45 pertaining to the salaries of full-time employees is hereby amended to rename Grade 786, Police Lieutenant with Compaction to Police Lieutenant.
Section 3. The Mayor shall sign and the Deputy City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 3rd of September, 2024. ________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Debra Fritz, Deputy City Clerk
I hereby certify that the foregoing Resolution No. 24-?? was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 3rd day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Debra Fritz, Deputy City Clerk