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"content": "\u003cp>Ten years ago, Alley Bean joined 3.7 million Californians in voting for a measure that downgraded many nonviolent felony crimes to misdemeanors, such as petty shoplifting and drug use, hoping it would lead to a more equitable criminal justice system and help end mass incarceration.\u003c/p>\n\u003cp>Since then she has seen an increase in crime in her beloved Venice neighborhood of Los Angeles, with some homes robbed in broad daylight. Meanwhile the sidewalks are occupied by tents of homeless people and dotted with people passed out from drugs. The opioid crisis touched her personally when she lost her 25-year-old granddaughter Zelly Rose to a fentanyl poisoning.\u003c/p>\n\u003cp>“I thought there was going to be rehabilitation” with criminal justice reform, said Bean, a lifelong Democrat. “I didn’t think there was going to be no consequences.”[aside postID='elections_1915' label='2024 Voter Guide: California Propositions' hero='https://cdn.kqed.org/wp-content/uploads/sites/80/2024/09/Aside-California-Propositions-2024-General-Election-1200x1200-1.png' herolink='https://www.kqed.org/voterguide/california']A decade after Proposition 47 passed, Bean’s grievances are increasingly shared by Californians, with smash-and-grab store thefts captured on videos that go viral feeding a sense that the state has become lawless. And more and more, voters are pinning the blame for that on efforts to advance criminal justice reform, Proposition 47 and progressive district attorneys.\u003c/p>\n\u003cp>The issue has resulted in some tight races this year up and down the solidly blue state for Democratic and progressive \u003ca href=\"https://apnews.com/article/retail-theft-california-politics-house-congress-eeb499ed4e18443e5d252645b7c373f7\">members of Congress\u003c/a>, mayors and district attorneys who are up for reelection. And a new statewide measure on the ballot, \u003ca href=\"https://apnews.com/article/california-crime-ballot-initiative-signatures-theft-fentanyl-e4863b0eb0b8808ea8f5746c60780ba7\">Proposition 36\u003c/a>, would partly roll back the 2014 law.\u003c/p>\n\u003cp>The criminal justice reform, critics say, has been a failed social experiment.\u003c/p>\n\u003cp>Two years after San Francisco voters ousted one of the first reform-minded prosecutors elected to office, voters across the bay in Oakland will decide in November whether to recall another progressive district attorney.\u003c/p>\n\u003cp>To the south in Los Angeles, District Attorney George Gascón, who co-authored Proposition 47 and won in election 2020 after protests and racial reckoning following the police killing of \u003ca href=\"https://apnews.com/hub/george-floyd\">George Floyd\u003c/a>, faces stiff competition from a former federal prosecutor who calls himself a “hard middle” candidate.\u003c/p>\n\u003cp>“Mr. Gascón has been one of the greatest gifts for gangs,” Nathan Hochman said at their recent debate, lambasting him for not pursuing a gang sentencing enhancement in the \u003ca href=\"https://apnews.com/article/johnny-wactor-general-hospital-shooting-death-arrests-ecf5119619a1031ed1e860c371704abd\">high-profile killing\u003c/a> of “General Hospital” actor Johnny Wactor.\u003c/p>\n\u003cp>Gascón defends his record, saying the use of gang enhancements is historically \u003ca href=\"https://apnews.com/article/dd5643e358c3456dbe14c16ade03711d\">tinged with racial bias\u003c/a> and a special committee makes decisions on them on a case-by-case basis. His office says it prosecuted over 100,000 “serious crimes” in the last four years, a rate comparable to the previous decade.\u003c/p>\n\u003cp>Gascón also has come under scrutiny for his office’s policy of not trying juveniles as adults, with critics pointing to cases of recidivism.\u003c/p>\n\u003cp>They include a man who at age 16 took part in a 2018 gas station robbery and was later released from a youth detention facility, only to be arrested and charged this April in connection with a homicide. Another, a 17-year-old gang member in 2019 who admitted to a double homicide and could have faced life in prison, was released last February and arrested months later in connection with a new killing.\u003c/p>\n\u003cp>Hochman, a former Republican running as an independent, has raised nearly $4 million for his campaign, compared with $678,000 for Gascón.\u003c/p>\n\u003cfigure id=\"attachment_12008115\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12008115\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1698\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-800x531.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-1020x677.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-1536x1019.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-2048x1359.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-1920x1274.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Former federal prosecutor Republican candidate Nathan Hochman (left) and incumbent Democratic Los Angeles County District Attorney George Gascón speak during the 2024 Los Angeles County district attorney candidate forum in Los Angeles, Sunday, Sept. 29, 2024. \u003ccite>(Ethan Swope/AP Photo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Frustration over retail theft has pushed Gov. Gavin Newsom to champion \u003ca href=\"https://apnews.com/article/california-smash-grab-laws-6142f191e5229cf0682827a864a42c61\">a slate of bills\u003c/a> cracking down on serial offenders and auto thieves, but stopping short of making retail crimes felonies again.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/voterguide/california/proposition-36\">Proposition 36\u003c/a> goes further: It would make theft of any amount a felony if a person already has two theft convictions, lengthen some theft and drug felony sentences, make fentanyl possession a felony and require people with multiple drug charges to complete treatment or else serve time.\u003c/p>\n\u003cp>Voters rejected a similar initiative in 2020, but this time around there is a bipartisan coalition backing Proposition 36. Over 180 Democratic elected officials, including 64 mayors, signed onto a campaign supporting the initiative last month.\u003c/p>\n\u003cp>The measure also is endorsed by the California Chamber of Commerce and major retailers such as Walmart, Target and Home Depot. A recent poll by the Public Policy Institute of California found 71% of likely voters said they would vote yes.\u003c/p>\n\u003cp>“It’s hard for businesses and communities who are really on the front line of it,” said Jennifer Barrera, president of the California Chamber of Commerce. “I think that it will likely increase incarceration … but I do also hope and expect that it certainly will have an impact on reducing crime.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Opponents of Prop 36, who include Newsom and Democratic legislative leaders, say it would take the state back to the policies of prosecuting a failed war on drugs and locking up tens of thousands of people, mostly Black and Hispanic, in overcrowded prisons.\u003c/p>\n\u003cp>The measure could increase California’s 90,000-strong prison population by a few thousand and would cost tens of millions of dollars annually at both the state and county level, according to a Legislative Analyst’s Office report.\u003c/p>\n\u003cp>It also would reduce drug and mental health funding that comes from savings from incarcerating fewer people.\u003c/p>\n\u003cp>Twenty-two counties with no treatment beds would shoulder the financial burden under the measure, Newsom said. California is already thousands of beds short of being able to meet current demand.\u003c/p>\n\u003cp>“I know people are frustrated. I know people are angry. I am too,” the governor said at a recent news conference. “But this is not the way of solving it.”\u003c/p>\n\u003cp>There is insufficient data quantifying retail crime in California, but many point to major store closures and everyday products like toothpaste being locked behind plexiglass as evidence of a crisis.[aside label=\"Related Stories\" postID=\"news_12007880,news_12005230,news_12004659\"]A recent report from the Public Policy Institute of California found a 16% increase in commercial burglaries between 2019 and 2022. However, the research showed reduced enforcement for property and drug offenses during the COVID-19 pandemic had a much greater impact on crime than Proposition 47, and it also found no evidence that changes in drug arrests led to any increase in crime.\u003c/p>\n\u003cp>Salil Dudani, a senior attorney with the legal nonprofit Civil Rights Corp, said making misdemeanors felonies again will lead to more pre-trial jailing and in turn increase crime.\u003c/p>\n\u003cp>“It’s so destabilizing to a person’s life to pluck them out of their community … that they become more likely to commit crime,” Dudani said. “It undermines public safety to lock people up on low-level offenses, exactly like Prop 36 provides.”\u003c/p>\n\u003cp>That assertion is borne out by a 2017 Stanford Law Review study focusing on misdemeanors in Texas’ Harris County, which found that people jailed for even just a week were 32% more likely to commit a felony within 18 months.\u003c/p>\n\u003cp>But many business owners say the current situation is unsustainable.\u003c/p>\n\u003cp>Aaron Cardoza, who owns Mobil Fits, used to run an affordable clothing shop in a historically Black neighborhood of Del Paso Heights in Sacramento. He closed it down and switched to online sales out of a van after the store was broken into six times in two months.\u003c/p>\n\u003cp>“I lost a lot, a lot of merchandise,” Cardoza said, while the thieves got only a “slap on the wrist” and were released.\u003c/p>\n\u003cp>Cardoza said he supports Proposition 36.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ten years ago, Alley Bean joined 3.7 million Californians in voting for a measure that downgraded many nonviolent felony crimes to misdemeanors, such as petty shoplifting and drug use, hoping it would lead to a more equitable criminal justice system and help end mass incarceration.\u003c/p>\n\u003cp>Since then she has seen an increase in crime in her beloved Venice neighborhood of Los Angeles, with some homes robbed in broad daylight. Meanwhile the sidewalks are occupied by tents of homeless people and dotted with people passed out from drugs. The opioid crisis touched her personally when she lost her 25-year-old granddaughter Zelly Rose to a fentanyl poisoning.\u003c/p>\n\u003cp>“I thought there was going to be rehabilitation” with criminal justice reform, said Bean, a lifelong Democrat. “I didn’t think there was going to be no consequences.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A decade after Proposition 47 passed, Bean’s grievances are increasingly shared by Californians, with smash-and-grab store thefts captured on videos that go viral feeding a sense that the state has become lawless. And more and more, voters are pinning the blame for that on efforts to advance criminal justice reform, Proposition 47 and progressive district attorneys.\u003c/p>\n\u003cp>The issue has resulted in some tight races this year up and down the solidly blue state for Democratic and progressive \u003ca href=\"https://apnews.com/article/retail-theft-california-politics-house-congress-eeb499ed4e18443e5d252645b7c373f7\">members of Congress\u003c/a>, mayors and district attorneys who are up for reelection. And a new statewide measure on the ballot, \u003ca href=\"https://apnews.com/article/california-crime-ballot-initiative-signatures-theft-fentanyl-e4863b0eb0b8808ea8f5746c60780ba7\">Proposition 36\u003c/a>, would partly roll back the 2014 law.\u003c/p>\n\u003cp>The criminal justice reform, critics say, has been a failed social experiment.\u003c/p>\n\u003cp>Two years after San Francisco voters ousted one of the first reform-minded prosecutors elected to office, voters across the bay in Oakland will decide in November whether to recall another progressive district attorney.\u003c/p>\n\u003cp>To the south in Los Angeles, District Attorney George Gascón, who co-authored Proposition 47 and won in election 2020 after protests and racial reckoning following the police killing of \u003ca href=\"https://apnews.com/hub/george-floyd\">George Floyd\u003c/a>, faces stiff competition from a former federal prosecutor who calls himself a “hard middle” candidate.\u003c/p>\n\u003cp>“Mr. Gascón has been one of the greatest gifts for gangs,” Nathan Hochman said at their recent debate, lambasting him for not pursuing a gang sentencing enhancement in the \u003ca href=\"https://apnews.com/article/johnny-wactor-general-hospital-shooting-death-arrests-ecf5119619a1031ed1e860c371704abd\">high-profile killing\u003c/a> of “General Hospital” actor Johnny Wactor.\u003c/p>\n\u003cp>Gascón defends his record, saying the use of gang enhancements is historically \u003ca href=\"https://apnews.com/article/dd5643e358c3456dbe14c16ade03711d\">tinged with racial bias\u003c/a> and a special committee makes decisions on them on a case-by-case basis. His office says it prosecuted over 100,000 “serious crimes” in the last four years, a rate comparable to the previous decade.\u003c/p>\n\u003cp>Gascón also has come under scrutiny for his office’s policy of not trying juveniles as adults, with critics pointing to cases of recidivism.\u003c/p>\n\u003cp>They include a man who at age 16 took part in a 2018 gas station robbery and was later released from a youth detention facility, only to be arrested and charged this April in connection with a homicide. Another, a 17-year-old gang member in 2019 who admitted to a double homicide and could have faced life in prison, was released last February and arrested months later in connection with a new killing.\u003c/p>\n\u003cp>Hochman, a former Republican running as an independent, has raised nearly $4 million for his campaign, compared with $678,000 for Gascón.\u003c/p>\n\u003cfigure id=\"attachment_12008115\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12008115\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1698\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-800x531.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-1020x677.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-1536x1019.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-2048x1359.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/AP24274101197208-1-1920x1274.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Former federal prosecutor Republican candidate Nathan Hochman (left) and incumbent Democratic Los Angeles County District Attorney George Gascón speak during the 2024 Los Angeles County district attorney candidate forum in Los Angeles, Sunday, Sept. 29, 2024. \u003ccite>(Ethan Swope/AP Photo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Frustration over retail theft has pushed Gov. Gavin Newsom to champion \u003ca href=\"https://apnews.com/article/california-smash-grab-laws-6142f191e5229cf0682827a864a42c61\">a slate of bills\u003c/a> cracking down on serial offenders and auto thieves, but stopping short of making retail crimes felonies again.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/voterguide/california/proposition-36\">Proposition 36\u003c/a> goes further: It would make theft of any amount a felony if a person already has two theft convictions, lengthen some theft and drug felony sentences, make fentanyl possession a felony and require people with multiple drug charges to complete treatment or else serve time.\u003c/p>\n\u003cp>Voters rejected a similar initiative in 2020, but this time around there is a bipartisan coalition backing Proposition 36. Over 180 Democratic elected officials, including 64 mayors, signed onto a campaign supporting the initiative last month.\u003c/p>\n\u003cp>The measure also is endorsed by the California Chamber of Commerce and major retailers such as Walmart, Target and Home Depot. A recent poll by the Public Policy Institute of California found 71% of likely voters said they would vote yes.\u003c/p>\n\u003cp>“It’s hard for businesses and communities who are really on the front line of it,” said Jennifer Barrera, president of the California Chamber of Commerce. “I think that it will likely increase incarceration … but I do also hope and expect that it certainly will have an impact on reducing crime.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Opponents of Prop 36, who include Newsom and Democratic legislative leaders, say it would take the state back to the policies of prosecuting a failed war on drugs and locking up tens of thousands of people, mostly Black and Hispanic, in overcrowded prisons.\u003c/p>\n\u003cp>The measure could increase California’s 90,000-strong prison population by a few thousand and would cost tens of millions of dollars annually at both the state and county level, according to a Legislative Analyst’s Office report.\u003c/p>\n\u003cp>It also would reduce drug and mental health funding that comes from savings from incarcerating fewer people.\u003c/p>\n\u003cp>Twenty-two counties with no treatment beds would shoulder the financial burden under the measure, Newsom said. California is already thousands of beds short of being able to meet current demand.\u003c/p>\n\u003cp>“I know people are frustrated. I know people are angry. I am too,” the governor said at a recent news conference. “But this is not the way of solving it.”\u003c/p>\n\u003cp>There is insufficient data quantifying retail crime in California, but many point to major store closures and everyday products like toothpaste being locked behind plexiglass as evidence of a crisis.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A recent report from the Public Policy Institute of California found a 16% increase in commercial burglaries between 2019 and 2022. However, the research showed reduced enforcement for property and drug offenses during the COVID-19 pandemic had a much greater impact on crime than Proposition 47, and it also found no evidence that changes in drug arrests led to any increase in crime.\u003c/p>\n\u003cp>Salil Dudani, a senior attorney with the legal nonprofit Civil Rights Corp, said making misdemeanors felonies again will lead to more pre-trial jailing and in turn increase crime.\u003c/p>\n\u003cp>“It’s so destabilizing to a person’s life to pluck them out of their community … that they become more likely to commit crime,” Dudani said. “It undermines public safety to lock people up on low-level offenses, exactly like Prop 36 provides.”\u003c/p>\n\u003cp>That assertion is borne out by a 2017 Stanford Law Review study focusing on misdemeanors in Texas’ Harris County, which found that people jailed for even just a week were 32% more likely to commit a felony within 18 months.\u003c/p>\n\u003cp>But many business owners say the current situation is unsustainable.\u003c/p>\n\u003cp>Aaron Cardoza, who owns Mobil Fits, used to run an affordable clothing shop in a historically Black neighborhood of Del Paso Heights in Sacramento. He closed it down and switched to online sales out of a van after the store was broken into six times in two months.\u003c/p>\n\u003cp>“I lost a lot, a lot of merchandise,” Cardoza said, while the thieves got only a “slap on the wrist” and were released.\u003c/p>\n\u003cp>Cardoza said he supports Proposition 36.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Several San Francisco officials on Thursday announced plans to appeal a federal court decision that prohibits the Sheriff’s Department from requiring defendants in its pretrial release program to consent to warrantless searches.\u003c/p>\n\u003cp>The city’s latest appeal is the most recent development in a federal class action lawsuit filed against San Francisco and its sheriff, Paul Miyamoto, by the American Civil Liberties Union of Northern California in 2022.\u003c/p>\n\u003cp>As part of the Sheriff’s Department’s electronic monitoring program for defendants released prior to trial, participants are required to consent to searches of themselves and their property without probable cause. The ACLU’s lawsuit alleges that the requirement is a violation of the Fourth Amendment that oversteps the sheriff’s authority in cases where trial court judges do not specifically order what’s called a “search condition.”\u003c/p>\n\u003cp>U.S. District Judge Jon S. Tigar \u003ca href=\"https://www.kqed.org/news/12006835/federal-judge-san-francisco-could-be-held-in-contempt-for-violating-warrantless-search-ban\">ruled last week\u003c/a> that the city and sheriff were in violation of a previous court order that had placed a preliminary injunction on the warrantless search condition. He ordered the Sheriff’s Department to immediately stop such searches, warning that the city could be held in contempt.\u003c/p>\n\u003cp>However, in a press conference on Thursday, Miyamoto said the program is inoperable without the condition due to the often serious nature of the charges facing the defendants.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“As sheriff, I’ve had the difficult task of running a program that strikes a balance between public safety and ensuring the constitutional rights of the accused,” Miyamoto said. “Removing conditions that keep everyone safe, in essence, removes the tools we have to provide this important alternative to the jail.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"san-francisco-sheriff\"]Earlier this week, Miyamoto also announced that in the wake of the ruling, his department would be suspending new enrollments in its GPS ankle-monitoring program due to concerns over the safety of deputies and other law enforcement officers, who he said need to be able to search defendants to determine whether they are in possession of weapons or drugs.\u003c/p>\n\u003cp>Current enrollees will continue to stay in the program during their pretrial period.\u003c/p>\n\u003cp>In recent years, the sheriff’s pretrial release program has been an especially important alternative for the courts, according to Miyamoto, who said that without it, courts would have fewer options for releasing defendants from jail.\u003c/p>\n\u003cp>Miyamoto noted that his department is preparing for an increase in the jail population as a result of the ruling. He added that they have also opened additional dormitories for defendants.\u003c/p>\n\u003cp>There were 404 defendants currently enrolled in the department’s pretrial release program as of Thursday morning, according to a sheriff’s spokesperson. Of those, 233 have been charged with serious or violent crimes as defined by state law. The remaining defendants have been charged with other felonies or misdemeanors, including crimes such as domestic abuse and drug sales.\u003c/p>\n\u003cp>Plaintiffs in the federal class action case, including the ACLU of NorCal, have filed multiple examples of a search condition being imposed in cases that did not involve violent criminal charges.\u003c/p>\n\u003cp>In those cases, judges overseeing the trials stated that they wouldn’t demand warrantless searches if the sheriff’s program didn’t require it or explicitly said a search condition shouldn’t be applied.\u003c/p>\n\u003cp>“The federal court’s order does not prevent the San Francisco Superior Court from ordering warrantless searches in cases where they are persuaded that it is necessary to protect public safety,” said Emi Young, an ACLU NorCal attorney. “The federal court order does not disrupt the sheriff’s ability to act under those orders at all. The problem comes when the sheriff is asserting that he should be able to exercise warrantless searching authority even where the superior court has determined it is unnecessary.”\u003c/p>\n\u003cp>Young added that allowing any law enforcement agency to make unilateral decisions about what’s best for public safety without consideration of a judge’s decision is a “slippery slope.”\u003c/p>\n\u003cp>But at Thursday’s press conference, San Francisco District Attorney Brooke Jenkins countered that it’s “oftentimes reckless” for courts to release defendants on ankle monitors without a warrantless search condition.\u003c/p>\n\u003cp>While 50% may not be serious and violent felonies, we still have a large degree of our fentanyl dealers on ankle monitors, and while the penal code may not necessarily consider that to be a violent crime, they are killing more people than our violent offenders right now,” Jenkins said. “You can’t just look at the nature of the charge. You have to actually look at the conduct and what harm it’s having on our community.”\u003c/p>\n\u003cp>Jenkins said she stands behind the Sheriff’s Department and the city’s decision to file an appeal against the court’s ruling.\u003c/p>\n\u003cp>During the press conference, San Francisco Mayor London Breed also backed Sheriff Miyamoto’s move to suspend the program and said she supported the upcoming appeal. She said the Sheriff’s Department provides the city with an “important reform tool” that allows defendants a second chance to return to the community while awaiting resolution of criminal cases.\u003c/p>\n\u003cp>Earlier this year, Breed received \u003ca href=\"https://www.instagram.com/londonbreed/p/C-eA89KSB_c/\">an official endorsement\u003c/a> from Miyamoto as part of her mayoral campaign. The Deputy Sheriffs’ Association, however, endorsed Mark Farrell, one of her main opponents, and \u003ca href=\"https://sfdsapac.com/san-francisco-deputy-sheriffs-association-announces-mayoral-endorsements-and-denounces-current-mayor/\">issued a statement\u003c/a> citing concerns over Breed’s negative impact on law enforcement efforts and her lack of support on their behalf.\u003c/p>\n\u003cp>As of now, new enrollment in the sheriff’s pretrial release program appears to be halted until the appeal is resolved.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“The sheriff’s announcement that he is going to refuse to operate the electronic monitoring program altogether instead of operating it within the bounds of his legal authority is further evidence that he is not willing to be bound by the orders of both the San Francisco Superior Court and the federal court,” said Young, the ACLU attorney. “It is just a workaround to all of the protections that the Fourth Amendment guarantees every one of us.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Several San Francisco officials on Thursday announced plans to appeal a federal court decision that prohibits the Sheriff’s Department from requiring defendants in its pretrial release program to consent to warrantless searches.\u003c/p>\n\u003cp>The city’s latest appeal is the most recent development in a federal class action lawsuit filed against San Francisco and its sheriff, Paul Miyamoto, by the American Civil Liberties Union of Northern California in 2022.\u003c/p>\n\u003cp>As part of the Sheriff’s Department’s electronic monitoring program for defendants released prior to trial, participants are required to consent to searches of themselves and their property without probable cause. The ACLU’s lawsuit alleges that the requirement is a violation of the Fourth Amendment that oversteps the sheriff’s authority in cases where trial court judges do not specifically order what’s called a “search condition.”\u003c/p>\n\u003cp>U.S. District Judge Jon S. Tigar \u003ca href=\"https://www.kqed.org/news/12006835/federal-judge-san-francisco-could-be-held-in-contempt-for-violating-warrantless-search-ban\">ruled last week\u003c/a> that the city and sheriff were in violation of a previous court order that had placed a preliminary injunction on the warrantless search condition. He ordered the Sheriff’s Department to immediately stop such searches, warning that the city could be held in contempt.\u003c/p>\n\u003cp>However, in a press conference on Thursday, Miyamoto said the program is inoperable without the condition due to the often serious nature of the charges facing the defendants.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Earlier this week, Miyamoto also announced that in the wake of the ruling, his department would be suspending new enrollments in its GPS ankle-monitoring program due to concerns over the safety of deputies and other law enforcement officers, who he said need to be able to search defendants to determine whether they are in possession of weapons or drugs.\u003c/p>\n\u003cp>Current enrollees will continue to stay in the program during their pretrial period.\u003c/p>\n\u003cp>In recent years, the sheriff’s pretrial release program has been an especially important alternative for the courts, according to Miyamoto, who said that without it, courts would have fewer options for releasing defendants from jail.\u003c/p>\n\u003cp>Miyamoto noted that his department is preparing for an increase in the jail population as a result of the ruling. He added that they have also opened additional dormitories for defendants.\u003c/p>\n\u003cp>There were 404 defendants currently enrolled in the department’s pretrial release program as of Thursday morning, according to a sheriff’s spokesperson. Of those, 233 have been charged with serious or violent crimes as defined by state law. The remaining defendants have been charged with other felonies or misdemeanors, including crimes such as domestic abuse and drug sales.\u003c/p>\n\u003cp>Plaintiffs in the federal class action case, including the ACLU of NorCal, have filed multiple examples of a search condition being imposed in cases that did not involve violent criminal charges.\u003c/p>\n\u003cp>In those cases, judges overseeing the trials stated that they wouldn’t demand warrantless searches if the sheriff’s program didn’t require it or explicitly said a search condition shouldn’t be applied.\u003c/p>\n\u003cp>“The federal court’s order does not prevent the San Francisco Superior Court from ordering warrantless searches in cases where they are persuaded that it is necessary to protect public safety,” said Emi Young, an ACLU NorCal attorney. “The federal court order does not disrupt the sheriff’s ability to act under those orders at all. The problem comes when the sheriff is asserting that he should be able to exercise warrantless searching authority even where the superior court has determined it is unnecessary.”\u003c/p>\n\u003cp>Young added that allowing any law enforcement agency to make unilateral decisions about what’s best for public safety without consideration of a judge’s decision is a “slippery slope.”\u003c/p>\n\u003cp>But at Thursday’s press conference, San Francisco District Attorney Brooke Jenkins countered that it’s “oftentimes reckless” for courts to release defendants on ankle monitors without a warrantless search condition.\u003c/p>\n\u003cp>While 50% may not be serious and violent felonies, we still have a large degree of our fentanyl dealers on ankle monitors, and while the penal code may not necessarily consider that to be a violent crime, they are killing more people than our violent offenders right now,” Jenkins said. “You can’t just look at the nature of the charge. You have to actually look at the conduct and what harm it’s having on our community.”\u003c/p>\n\u003cp>Jenkins said she stands behind the Sheriff’s Department and the city’s decision to file an appeal against the court’s ruling.\u003c/p>\n\u003cp>During the press conference, San Francisco Mayor London Breed also backed Sheriff Miyamoto’s move to suspend the program and said she supported the upcoming appeal. She said the Sheriff’s Department provides the city with an “important reform tool” that allows defendants a second chance to return to the community while awaiting resolution of criminal cases.\u003c/p>\n\u003cp>Earlier this year, Breed received \u003ca href=\"https://www.instagram.com/londonbreed/p/C-eA89KSB_c/\">an official endorsement\u003c/a> from Miyamoto as part of her mayoral campaign. The Deputy Sheriffs’ Association, however, endorsed Mark Farrell, one of her main opponents, and \u003ca href=\"https://sfdsapac.com/san-francisco-deputy-sheriffs-association-announces-mayoral-endorsements-and-denounces-current-mayor/\">issued a statement\u003c/a> citing concerns over Breed’s negative impact on law enforcement efforts and her lack of support on their behalf.\u003c/p>\n\u003cp>As of now, new enrollment in the sheriff’s pretrial release program appears to be halted until the appeal is resolved.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“The sheriff’s announcement that he is going to refuse to operate the electronic monitoring program altogether instead of operating it within the bounds of his legal authority is further evidence that he is not willing to be bound by the orders of both the San Francisco Superior Court and the federal court,” said Young, the ACLU attorney. “It is just a workaround to all of the protections that the Fourth Amendment guarantees every one of us.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 3:15 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> Councilmember Omar Torres is denying all allegations against him after police executed a search warrant on his electronics.\u003c/p>\n\u003cp>San José police will only confirm they’re investigating a City Council member, but in a statement on official city letterhead, Torres said detectives detained and questioned him “regarding baseless allegations” on Thursday.\u003c/p>\n\u003cp>While Torres didn’t specify the allegations, police sources tell the \u003cem>Mercury News\u003c/em>, \u003cem>San José Spotlight\u003c/em> and \u003cem>NBC Bay Area\u003c/em> that they include alleged sexually explicit images of a minor in connection with travel to Chicago for the Democratic National Convention.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Torres rejected the foundation of the investigation, saying it stemmed from “misinformation provided to law enforcement” in “a clear act of retaliation” by someone whom he had reported to police for extortion and stalking.\u003c/p>\n\u003cp>“Let me be absolutely clear — these accusations are entirely false,” Torres said in the statement. “I cooperated fully with SJPD and turned over my passwords without issue as I have nothing to hide.”\u003c/p>\n\u003cp>[aside postID=news_12007485 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/SanJoseStateUniversityGetty1-1020x573.jpg']\u003c/p>\n\u003cp>His attorney, Nelson McElmurry, told KQED that Torres was detained while police executed a search warrant on his electronics and has not been formally arrested. Torres expects a response from police on the investigation as soon as next week.\u003c/p>\n\u003cp>“Understanding what they took and what they’re looking for, that does seem to be an appropriate timeline,” McElmurry said.\u003c/p>\n\u003cp>Torres was elected to the council in 2022. KQED reached out to his fellow council members, but those who responded declined to comment on the ongoing investigation.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/bkrans\">Brian Krans\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 3:15 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> Councilmember Omar Torres is denying all allegations against him after police executed a search warrant on his electronics.\u003c/p>\n\u003cp>San José police will only confirm they’re investigating a City Council member, but in a statement on official city letterhead, Torres said detectives detained and questioned him “regarding baseless allegations” on Thursday.\u003c/p>\n\u003cp>While Torres didn’t specify the allegations, police sources tell the \u003cem>Mercury News\u003c/em>, \u003cem>San José Spotlight\u003c/em> and \u003cem>NBC Bay Area\u003c/em> that they include alleged sexually explicit images of a minor in connection with travel to Chicago for the Democratic National Convention.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Torres rejected the foundation of the investigation, saying it stemmed from “misinformation provided to law enforcement” in “a clear act of retaliation” by someone whom he had reported to police for extortion and stalking.\u003c/p>\n\u003cp>“Let me be absolutely clear — these accusations are entirely false,” Torres said in the statement. “I cooperated fully with SJPD and turned over my passwords without issue as I have nothing to hide.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>His attorney, Nelson McElmurry, told KQED that Torres was detained while police executed a search warrant on his electronics and has not been formally arrested. Torres expects a response from police on the investigation as soon as next week.\u003c/p>\n\u003cp>“Understanding what they took and what they’re looking for, that does seem to be an appropriate timeline,” McElmurry said.\u003c/p>\n\u003cp>Torres was elected to the council in 2022. KQED reached out to his fellow council members, but those who responded declined to comment on the ongoing investigation.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/bkrans\">Brian Krans\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"labelTerm": {},
"content": "\u003cp>\u003cem>Ana De Almeida Amaral contributed to this episode. \u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/propfest\">Prop Fest\u003c/a> is a collaboration from Bay Curious and The Bay podcasts, where we break down each of the 10 statewide propositions that will be on your November 2024 ballot. Check out \u003ca href=\"https://www.kqed.org/voterguide\">KQED’s Voter Guide\u003c/a> for more information on state and local races.\u003c/p>\n\u003cp>In 2014, Californians passed Prop 47, a criminal justice reform measure aimed at sending fewer low-level offenders for drug and theft crimes to prison. Now, Californians are being asked if they want to roll back some of those reforms, and increase the penalties. KQED Politics Correspondent and co-host of Political Breakdown Marisa Lagos takes us through the history, data and arguments of this prop.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC2352266478&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>This is a transcript of the episode.\u003c/em>\u003cb>\u003cbr>\n\u003c/b>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price:\u003c/strong> \u003cspan style=\"font-weight: 400;\">So, recently I was in one of those big box stores in search of a humble can of shaving cream… I make my way to the pharmacy section. Find the right aisle. But then I get to the shelf and … my shaving cream is locked behind plexiglass.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Been there before. But with toothpaste. And Tums. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Right. I mean, we’re talking about a can of shaving cream that costs $2.19… and yet, there I was. Ringing a bell, having someone unlock this cabinet for me, annoyed that this is the state of affairs where I live…\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">Also I don’t know if it’s \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">just a me thing, \u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">but I get super self conscious about inconveniencing employees for some toothpaste. But I digress …\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Same. The proliferation of these plexiglass cases for shaving cream and toothpaste, is just one example of how rising concerns about crime and theft are changing how we live. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">But proponents of Prop 36 want to take these measures even further – waaaaay beyond some plexiglass case at the local Target. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">I’m Olivia Allen-Price, host of Bay Curious.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> And I’m Ericka Cruz Guevarra, host of The Bay. And y’all – we’ve made it! To the final episode of Prop Fest, our ten part series that goes deep on the California propositions.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">All so you can vote with confidence! Today we’re digging into Proposition 36, which would increase penalties for some drug and theft-related crimes. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> It’s a rollback of criminal justice reforms from a decade ago – and would put more people behind bars in California.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> But doing so would cost the state money that would otherwise be used for treatment programs that are working.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">We’ll get into it all, right after this. Stay with us. \u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400;\">SPONSOR MESSAGE\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Alrighty, for our final day of Prop Fest, we’re discussing Prop 36, which will read about like this on your ballot..\u003c/span>\u003c/p>\n\u003cp>\u003cb>Samantha Lim:\u003c/b> Prop 36 is a statute that allows felony charges and increases sentences for certain drug and theft crimes.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003cspan style=\"font-weight: 400;\">To help us understand what’s at stake with Prop 36, I’m joined by KQED politics correspondent and co-host of the podcast Political Breakdown, Marisa Lagos. Hey, Marisa.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003cspan style=\"font-weight: 400;\">Hey, Olivia.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">So Prop 36 has a lot of parts to it which will break down one at a time in just a minute. But to kick us off broadly, what is Prop 36 flooking to do?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b> \u003cspan style=\"font-weight: 400;\">I mean, essentially it is looking to crack down on both shoplifting and sort of low level thefts and drug use, which its backers say are sort of the responsible for a lot of the homelessness and kind of the crisis you see in retail stores where everything is locked up. And what they see is really a chaotic sort of state of play on the ground here in California.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Now, Prop 36 has undone some of the changes that voters ushered in in 2014 with the passage of Prop 47, which, you know, is one of the probably biggest criminal justice reforms that California has ever passed. Let’s walk through a little bit like what did that prop do? Because so much of 36 is about unwinding, undoing 47.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">When Prop 47 passed, we were kind of in this era of trying to reverse a lot of the tough on crime laws. And that wasn’t just out of the goodness of everybody’s heart in California, it’s because the Supreme Court of the United States told California, your prisons are overcrowded. It’s resulting in unsafe conditions for prisoners, and you must figure out a way to reduce the prison population, or we’re just going to start letting people out of the state prisons. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so this was one in a series of initiatives that were put forward both by the Democratic governor at the time, Jerry Brown, passed by lawmakers. And then this one was one that kind of came from the outside. Proponents gathered signatures and put it on the ballot. And essentially their argument at the time was, hey, why are we wasting bed space on people who aren’t actually a danger to society? They’re drug users. They’re poor people who are stealing because they’re poor. They should not be in state prison. They should be getting help. And if we pass this, we can use the money we’d save on putting them in prison to actually help them. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">Let’s use it for reentry programs, for drug treatment, programs, for rehabilitation. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Prop 47 passed in 2014 with nearly 60% California voters voting in favor. How’s it all gone over?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">I think you can argue it did what it set out to do. It saved $800 million a year in prison costs. And that money was invested into programs that have largely had very successful track records. I mean, if you look at the recidivism rates of people who are just let out of state prison versus those who go into Prop 47-funded programs, there’s no comparison. People who participate in these 47 funded programs are incredibly unlikely to re-offend. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so I think part of what we’re talking about here is like. It’s almost like folks are having two different conversations because the proponents of Prop 47 would say, look, we saved this money. We helped people in the process. And the folks on the other side are like, Yeah, but we still have problems with homelessness and drug use and theft. And so, you know, I don’t think anybody who promoted Prop 47 argued that this would end those other issues. I think the question is whether Prop 47 contributed to them. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> And that’s a question that’s tricky to answer from a data perspective. What can we say about?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Alright well first let’s talk about theft. In truth, really, a lot of the of problems we’ve seen from a numbers perspective actually only went up in the last couple of years. The first several years after Prop 47 passed, there was n ot a huge spike in shoplifting, there was not a huge spike in a lot of the types of, you know, retail theft that have gotten so much attention. But since the pandemic, we have seen some upticks. \u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">And I’ll just flag because this is who’s backing this: law enforcement never liked Prop 47. And so a lot of what we’re seeing now, I think, is a reaction to a policy that was always sort of reviled within the police and prosecutor community.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">So you talked a little bit about how Prop 47 worked. What were some of the critiques that people have had about Prop 47?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Right. So I think people who are critical of this see it as kind of letting people off the hook. They think that a misdemeanor is not a serious enough consequence. If somebody is repeatedly shoplifting, if somebody is going into a store again and again and stealing an amount that’s under $950, which is that felony threshold. But that, you know, they know they can get away with it, essentially. And so what we have seen is a real decrease in the number of arrests that are made for those types of thefts. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And then obviously, we have seen just an explosion of the fentanyl crisis on our streets. You know, in our hospitals. You just have such a dire situation with this incredibly addictive drug that also is so strong that it leads to a lot of overdoses. And so, you know, I think the people backing Prop 36 think that there is a tie between what changed in 2014 with Prop 47 and the fentanyl crisis, and it’s not just because the drugs are stronger, but it’s because. There is not an incentive for drug users to accept treatment if they get arrested. \u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> I know this is a pretty important nuance in this one – can you explain how those incentives have changed?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> So prior to Prop 47, a lot of district attorneys, if they had somebody who was clearly a drug addict, not necessarily somebody selling drugs, would say, “Hey, you have an option here. You can either take a year in prison or jail. Or you could take drug treatment. And if you complete this drug treatment program, we will wipe that off your record. You will not have a felony drug possession charge anymore.” And a lot of people would take that. But if you’re told it’s going to be a slap on the wrist and a small fine, or maybe you don’t even get arrested at all, you might say, I’m going to keep using.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">What we have seen since Prop 47 passed is a real decrease in the number of people who are willing to go into these diversion programs like drug court. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And I talked to Yolo County District Attorney Jeff Reisig. He’s a big proponent of Prop 36, and he says that he has seen this reality in his own county, even as they’ve really tried to put resources into these drug courts.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Jeff Reisig: \u003c/b>\u003cspan style=\"font-weight: 400;\">The percentage of the population that these new prop 47 programs are serving is like 15% or lower of the total population of individuals that used to be present in drug courts across California. It may be even lower than that in some places, but I can the data in Yolo shows that we used to on average have anywhere from 340 to 500 people a year in drug courts. And the only way you get into a drug court is if, you know, you were caught with possession of hard drugs, right? Meth. Heroin. Cocaine. Fentanyl. PCP. And then after prop 47 passed, those drug courts just slowly started to disappear because there was no incentive anymore for people to participate. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Voters are now being asked if they want to bring back these harsher penalties. How did this get on the ballot in the first place and why this 180?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Yeah. So I mentioned before that this has always been a policy that was very disliked by prosecutors and law enforcement. So district attorneys were kind of the lead folks who crafted Prop 36 and went out to get signatures from voters to put it on the ballot. At the time, as they were collecting these signatures, there was a debate happening in Sacramento about what I’ve alluded to, which is a real crisis for retailers in terms of not just simple shoplifting, people coming in and stealing small amounts of things, but also organized retail theft rings who are coming in. You know, you’ve seen those videos of the smash and grabs, but that’s the tip of the iceberg. You know, we’ve seen a lot of organized criminal gangs essentially target big box stores, small mom and pop stores, steal huge amounts of things and then resell them maybe on online marketplaces or on the street. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">As prosecutors were pushing this ballot measure, a lot of these retailers were getting very frustrated that in the past few years, the legislature and Democratic governor hadn’t been willing to take on this issue. And so a lot of them – Home Depot, Wal-Mart, Target – put in $500,000, $1 million to help get this on the ballot there. It is not clear whether they are going to continue to support this ballot measure, because we did see the legislature and Governor Gavin Newsom actually really tackle this issue this year and pass a huge package of laws that are broadly aimed at the more serious organized retail crime issue. But this is something that I think prosecutors had had their eye on for a long time, and they saw the politics shifting as we came out of the pandemic and the visibility of this retail theft issue became so apparent to voters. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so, you know, it went viral on social media. We’ve seen so much outrage on cable news and in the media in general. And I think it just really built to a breaking point where they were … it was very easy for them to ask voters to sign this. And we’re seeing polling now that it’s very likely to pass.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">OK, so that all brings us to where we are this year, considering Proposition 36. It proposes a lot of different changes, and I want to step through some of them now. So let’s start with how it would increase punishments for drug crimes.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">So Prop 36 would create something they’re calling treatment mandated felonies. Essentially, it would say if you have been arrested and prosecuted \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">previously\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\"> for drug possession that a prosecutor would have the option to charge you with a felony on a third arrest, and if they did they could also offer you something like drug court, where you participate in treatment, and if you complete that treatment the charge would be expunged and you receive no jail time. So, treatment mandated felony is what they’re calling it, but to be clear, nobody would be forced into treatment … they would have the option to take the felony or go into drug treatment.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">I’ll note that there’s nothing in this ballot measure to increase funding for treatment. And so I think there are open questions about whether if this were to pass, there would actually be enough beds for all the folks who might get arrested and prosecuted under Prop 36. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Alright, and how would Prop 36 impact theft crimes?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Yeah, I mean under Prop 36, if you’re a repeat thief, you can also be charged with a felony, even if it’s for a small amount of something, you know, worth less than $950. And this is for people who have two previous convictions. So, prosecutors could send you to prison or county jail for repeatedly stealing things. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">This is one of the kind of hearts of the prop 47 criticisms is that one person could sort of repeatedly go into the same store and never face a felony, even if they’re targeting the same place and, you know, really racking up big losses for that store and putting the employees at risk. So this kind of tries to get at that by saying, “hey, look, we’re not going to throw the book at you the first time you steal a small amount of something. But if you keep doing it, we can charge you with a felony by aggregating those offenses together.”\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">And can you just break down for people who aren’t sort of living in the criminal justice world? Felony, misdemeanor. What is the difference there?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Yeah. So a misdemeanor is a crime. It can net you up to a year in county jail and fines. So if you get arrested for a misdemeanor, there’s some sort of discretion for a police officer whether they’re going to cite you right there, say a jaywalking ticket, or maybe if you get arrested for something more serious that they can take you and book you into county jail, you know, a misdemeanor DUI, for example, or something like that. A felony generally comes with more serious criminal penalties, including jail or prison time. It also tends to stick on your record longer. It can affect your ability to get a job later on. It can affect your ability to get housing to coach Little League, things like that. It’s a far more serious criminal penalty and one that has kind of longer lasting impacts on somebody’s life beyond just whatever the sentences for the felony that they’re convicted of.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Prop 36 also ups the stakes for people who are charged with selling or providing drugs. Can you sort of explain that, that part of this?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> So essentially, Prop 36 says that if you are caught selling or providing drugs to somebody, you could be admonished in court that if you continue to do this, you could get charged with murder. So, for example, if a dealer is given this warning in court, and then someone were to die because of drugs they sold, a prosecutor would have a better case for a murder charge and it definitely is something that harkens back to the kind of tough on crime laws of the 90s.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Now, on the ballot, this prop is titled The Increased Drug and Theft Penalties and Reduce Homelessness Initiative. But we haven’t talked that much about homelessness. What does this prop have to do with homelessness?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b> \u003cspan style=\"font-weight: 400;\">I mean, nothing directly. But as I said before, I think some of the proponents are really connecting the dots between poverty, drug use and homelessness, and particularly drug use and homelessness. You know, Jeff Reisig, the Yolo County D.A., has talked to me extensively about his nephew, who is a drug user, who is homeless and who has a very supportive, large family, who is willing to support him and get him into treatment, and he will not do it. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Jeff Reisig:\u003c/b>\u003cspan style=\"font-weight: 400;\"> My nephew, I told you, is a poster child for this whole deal. I mean, literally the poster child because he started using heroin in 2014, and he’s been on the streets ever since, and he steals every day to support his habit. And it’s all misdemeanors. And it’s just a big like, we want to force him into treatment. We want him to be compelled into treatment, but there’s no tool for that. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">And so for someone like Reisig, he feels like if people are homeless and using drugs and they just keep getting essentially misdemeanor tickets for stealing or for that drug use, they’re just going to continue to hurt themselves and the communities around them and that this could be a way to essentially get them into that treatment that they need, that it could push them to do something that they may not be willing to do otherwise.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">If Prop 36 passes, what kind of impact could this have on our prison population and thus the budget?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Right. So it would definitely cut into that $800 million that we have been saving because of Prop 47. The nonpartisan Legislative Analyst’s Office did do their own analysis of this. They’re not sure exactly what will happen because we don’t know, you know, how many people will get caught stealing or doing drugs, how many people prosecutors will choose to charge with felonies. But they’re estimating that it could cost tens of millions of dollars a year, to hundreds of millions of dollars a year in added incarceration costs. It’s a lot of money. It is still in the context of a over $100 billion state budget, a tiny percentage of that, something like one half of 1%. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">But, you know, I think that you can argue that there will be obviously huge implications for the people who end up locked up. They say that up to a few thousand people could end up in jail and prison who would not be there otherwise. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And then also any of these programs that are doing good work in communities around rehabilitation or reentry, if they’re losing out on that money, there could be sort of domino effects there, because it’s not just the people that are going to be, you know, prosecuted under this. The people who will miss out on opportunities to get help because that money is now being spent on those prosecutions and jailings.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">What are supporters of Prop 36 sort of arguing and who are they?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Right. So I mentioned the prosecutors, the District Attorney Association of California as the biggest proponent. We also saw major retailers like Target, Wal-Mart, Walgreens, Home Depot and initially back this. I’m waiting to hear if they’re going to continue to support this or if they’re just going to stay neutral. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">I think most interestingly, big city mayors – San Francisco’s London Breed, San Jose’s Matt Mahan, San Diego’s Todd Gloria. These are all pretty liberal Democrats who are backing this. I think that they see what we’re seeing reflected in polls, which show that this is wildly popular and that people are blaming them for a lot of these very visible issues both on the streets and in stores.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">The California Republican Party is in support and I would say in the state legislature, we’ve seen kind of a split between more moderate members who do support this and more liberal members who are very reticent to return to any sort of tough on crime laws.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">And let’s talk opposition. What’s the case being made there and who’s making it? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">The most high profile opponent of Prop 36 is definitely our Democratic governor, Gavin Newsom. He’s really been a long time proponent for these criminal justice reforms. He also backed Prop 64 to legalize marijuana, which had the effect of essentially like wiping a lot of people’s records. And so this is something I think he feels really strongly about. And he has been really reticent to admit any problems with Prop 47 because it is something that he has backed and I think believes in.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Gov. Gavin Newsom: \u003c/b>\u003cspan style=\"font-weight: 400;\">Everyone I know is rushing to reform Prop 47 to raise the threshold. OK. That’s not the fundamental issue. The fundamental issue is the other issues that are not 47 related. And that is the nature of retail theft has changed. It’s not just the onesie, twosies – yes, that’s an issue, I don’t deny that – but it’s also become deeply organized. And that’s what we need to go after. And that’s a whole different thing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">He’s out there. You have the legislative leadership who also shepherded a lot of these bills to tackle organized retail theft in opposition. The state Democratic Party has voted to oppose it. And then you have, I think, what you would expect, which is a lot of these criminal justice reform and civil liberties groups. Californians for Safety and Justice, who wrote Prop 47, the ACLU, the Anti Recidivism Coalition. These are groups that are largely on the ground working with the populations that were impacted by 47 that would be impacted by 36. And they say we’ve been down this road before and it didn’t work.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">I sat down this year with Tinisch Hollins. She leads Californians for Safety and Justice, which originally wrote Prop 47 and has been one of the biggest leaders in pushing criminal justice reforms.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Tinisch Hollins:\u003c/b>\u003cspan style=\"font-weight: 400;\"> We’ve tried tough on crime right? Right. You tried. We’ve tried different policy. We don’t. We not only have scientific data or we have lived experience, and we have decades of proof that that doesn’t work. It doesn’t work as appropriate interventions for addiction.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Another thing, talking to Tinisch and a lot of folks within this world is that they feel like police and law enforcement have not been using the tools that they have at their disposal already to get at these problems. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">I mentioned before, you know, you can arrest someone for a misdemeanor. We’ve seen a real pulling back by police since Prop 47 passed. Crime rates have held largely steady in a lot of these kind of property crimes. But clearance rates, which is essentially the arrest rates — how likely are you to get arrested for something? — have gone down by almost half in the last decade or two. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so if you’re in San Francisco and you commit a property crime, only 5% of those people get arrested. That’s not to say prosecuted, just arrested. And prosecutors can’t make a case if there’s no arrest. So Tinisch, I think, feels like this is not necessarily calling for a change in law and policy, but a change in how we apply the laws that already exist.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Tinisch Hollins: \u003c/b>\u003cspan style=\"font-weight: 400;\">We already have laws on the books to address those issues, right? Like selling fentanyl is a crime is a felony, right? People can go to jail or prison for that. The question is, “what is the challenge with making arrests?” I’m from San Francisco. I see this all the time. Right? So there’s a lot of public concern around it, and rightfully so, because the tools that law enforcement currently have are not being used. They’re being underutilized.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">And how are things looking on the spending front for this one?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">It is very uneven. I think about $9 million has been raised on the pro-Prop 36 side versus less than $200,000 for the opposition. Again, I think that this campaign is really just starting in earnest. Having someone like the governor on your side, on the no side, is a huge opportunity for what’s called earned media, right? You don’t have to go out and spend money if you’re the governor. You just talk and people put you on TV. But it does seem to me like the criminal justice reform advocates and the people on the no side, in some ways aren’t spending a lot of political capital and money to try to fight this, maybe because they feel like it’s kind of a foregone conclusion.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b> \u003cspan style=\"font-weight: 400;\">All right. Such a fascinating topic. Thank you for breaking it all down for us, Marisa. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Thank you.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Marisa Lagos is KQED’s politics correspondent and co-host of the podcast Political Breakdown.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Alrighty, here’s a semi-condensed review of all that….\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">A vote yes on 36 means…\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">You want to increase sentences for certain drug and theft crimes. \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">You want to establish a new classification of crime, called a \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">treatment-mandated felony \u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">that could be issued for certain drug offenses. These would give people charged with some drug felonies the option to get drug treatment instead, and have their record expunged.\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">You want judges to be able to warn drug distributors that they could face murder charges if they are caught distributing drugs that lead to a death.\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cspan style=\"font-weight: 400;\">A vote no would keep things they way they are now.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> And that’s a wrap on Prop Fest!\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Pfew! It has been a journey, but thank you so much for coming along on the ride. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> If you found Prop Fest helpful, please share it with a friend, or give us some love on social media. We want to get the word out so everyone can listen before those ballots are due!\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">If you’re a new listener, welcome! We hope you’ll stick around. I’m Olivia Allen-Price, the host of Bay Curious, which is a weekly podcast that explores the hidden true stories of the San Francisco Bay Area.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">And I’m Ericka Cruz Guevarra, host of The Bay. We are local, Bay Area news to keep you rooted.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Subscribe to both shows to feel more connected to your Bay Area community, and in the know about what’s going on here!\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Prop Fest is made with love by Alan Montecillo, Jessica Kariisa, Olivia Allen-Price, Amanda Font, Christopher Beale, Ana De Almeda Amaral, and me, Ericka Cruz Guevarra.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">We get extra support from Katie Sprenger, Jen Chien, Maha Sanad, Holly Kernan …\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">…and the whole KQED family. Thank you so much for listening!\u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> We hope we’ve helped you to vote with confidence. Have a good one.\u003c/span>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Ana De Almeida Amaral contributed to this episode. \u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/propfest\">Prop Fest\u003c/a> is a collaboration from Bay Curious and The Bay podcasts, where we break down each of the 10 statewide propositions that will be on your November 2024 ballot. Check out \u003ca href=\"https://www.kqed.org/voterguide\">KQED’s Voter Guide\u003c/a> for more information on state and local races.\u003c/p>\n\u003cp>In 2014, Californians passed Prop 47, a criminal justice reform measure aimed at sending fewer low-level offenders for drug and theft crimes to prison. Now, Californians are being asked if they want to roll back some of those reforms, and increase the penalties. KQED Politics Correspondent and co-host of Political Breakdown Marisa Lagos takes us through the history, data and arguments of this prop.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC2352266478&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>This is a transcript of the episode.\u003c/em>\u003cb>\u003cbr>\n\u003c/b>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price:\u003c/strong> \u003cspan style=\"font-weight: 400;\">So, recently I was in one of those big box stores in search of a humble can of shaving cream… I make my way to the pharmacy section. Find the right aisle. But then I get to the shelf and … my shaving cream is locked behind plexiglass.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Been there before. But with toothpaste. And Tums. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Right. I mean, we’re talking about a can of shaving cream that costs $2.19… and yet, there I was. Ringing a bell, having someone unlock this cabinet for me, annoyed that this is the state of affairs where I live…\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">Also I don’t know if it’s \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">just a me thing, \u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">but I get super self conscious about inconveniencing employees for some toothpaste. But I digress …\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Same. The proliferation of these plexiglass cases for shaving cream and toothpaste, is just one example of how rising concerns about crime and theft are changing how we live. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">But proponents of Prop 36 want to take these measures even further – waaaaay beyond some plexiglass case at the local Target. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">I’m Olivia Allen-Price, host of Bay Curious.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> And I’m Ericka Cruz Guevarra, host of The Bay. And y’all – we’ve made it! To the final episode of Prop Fest, our ten part series that goes deep on the California propositions.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">All so you can vote with confidence! Today we’re digging into Proposition 36, which would increase penalties for some drug and theft-related crimes. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> It’s a rollback of criminal justice reforms from a decade ago – and would put more people behind bars in California.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> But doing so would cost the state money that would otherwise be used for treatment programs that are working.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">We’ll get into it all, right after this. Stay with us. \u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400;\">SPONSOR MESSAGE\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Alrighty, for our final day of Prop Fest, we’re discussing Prop 36, which will read about like this on your ballot..\u003c/span>\u003c/p>\n\u003cp>\u003cb>Samantha Lim:\u003c/b> Prop 36 is a statute that allows felony charges and increases sentences for certain drug and theft crimes.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003cspan style=\"font-weight: 400;\">To help us understand what’s at stake with Prop 36, I’m joined by KQED politics correspondent and co-host of the podcast Political Breakdown, Marisa Lagos. Hey, Marisa.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003cspan style=\"font-weight: 400;\">Hey, Olivia.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">So Prop 36 has a lot of parts to it which will break down one at a time in just a minute. But to kick us off broadly, what is Prop 36 flooking to do?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b> \u003cspan style=\"font-weight: 400;\">I mean, essentially it is looking to crack down on both shoplifting and sort of low level thefts and drug use, which its backers say are sort of the responsible for a lot of the homelessness and kind of the crisis you see in retail stores where everything is locked up. And what they see is really a chaotic sort of state of play on the ground here in California.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Now, Prop 36 has undone some of the changes that voters ushered in in 2014 with the passage of Prop 47, which, you know, is one of the probably biggest criminal justice reforms that California has ever passed. Let’s walk through a little bit like what did that prop do? Because so much of 36 is about unwinding, undoing 47.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">When Prop 47 passed, we were kind of in this era of trying to reverse a lot of the tough on crime laws. And that wasn’t just out of the goodness of everybody’s heart in California, it’s because the Supreme Court of the United States told California, your prisons are overcrowded. It’s resulting in unsafe conditions for prisoners, and you must figure out a way to reduce the prison population, or we’re just going to start letting people out of the state prisons. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so this was one in a series of initiatives that were put forward both by the Democratic governor at the time, Jerry Brown, passed by lawmakers. And then this one was one that kind of came from the outside. Proponents gathered signatures and put it on the ballot. And essentially their argument at the time was, hey, why are we wasting bed space on people who aren’t actually a danger to society? They’re drug users. They’re poor people who are stealing because they’re poor. They should not be in state prison. They should be getting help. And if we pass this, we can use the money we’d save on putting them in prison to actually help them. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">Let’s use it for reentry programs, for drug treatment, programs, for rehabilitation. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Prop 47 passed in 2014 with nearly 60% California voters voting in favor. How’s it all gone over?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">I think you can argue it did what it set out to do. It saved $800 million a year in prison costs. And that money was invested into programs that have largely had very successful track records. I mean, if you look at the recidivism rates of people who are just let out of state prison versus those who go into Prop 47-funded programs, there’s no comparison. People who participate in these 47 funded programs are incredibly unlikely to re-offend. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so I think part of what we’re talking about here is like. It’s almost like folks are having two different conversations because the proponents of Prop 47 would say, look, we saved this money. We helped people in the process. And the folks on the other side are like, Yeah, but we still have problems with homelessness and drug use and theft. And so, you know, I don’t think anybody who promoted Prop 47 argued that this would end those other issues. I think the question is whether Prop 47 contributed to them. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> And that’s a question that’s tricky to answer from a data perspective. What can we say about?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Alright well first let’s talk about theft. In truth, really, a lot of the of problems we’ve seen from a numbers perspective actually only went up in the last couple of years. The first several years after Prop 47 passed, there was n ot a huge spike in shoplifting, there was not a huge spike in a lot of the types of, you know, retail theft that have gotten so much attention. But since the pandemic, we have seen some upticks. \u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">And I’ll just flag because this is who’s backing this: law enforcement never liked Prop 47. And so a lot of what we’re seeing now, I think, is a reaction to a policy that was always sort of reviled within the police and prosecutor community.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">So you talked a little bit about how Prop 47 worked. What were some of the critiques that people have had about Prop 47?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Right. So I think people who are critical of this see it as kind of letting people off the hook. They think that a misdemeanor is not a serious enough consequence. If somebody is repeatedly shoplifting, if somebody is going into a store again and again and stealing an amount that’s under $950, which is that felony threshold. But that, you know, they know they can get away with it, essentially. And so what we have seen is a real decrease in the number of arrests that are made for those types of thefts. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And then obviously, we have seen just an explosion of the fentanyl crisis on our streets. You know, in our hospitals. You just have such a dire situation with this incredibly addictive drug that also is so strong that it leads to a lot of overdoses. And so, you know, I think the people backing Prop 36 think that there is a tie between what changed in 2014 with Prop 47 and the fentanyl crisis, and it’s not just because the drugs are stronger, but it’s because. There is not an incentive for drug users to accept treatment if they get arrested. \u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> I know this is a pretty important nuance in this one – can you explain how those incentives have changed?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> So prior to Prop 47, a lot of district attorneys, if they had somebody who was clearly a drug addict, not necessarily somebody selling drugs, would say, “Hey, you have an option here. You can either take a year in prison or jail. Or you could take drug treatment. And if you complete this drug treatment program, we will wipe that off your record. You will not have a felony drug possession charge anymore.” And a lot of people would take that. But if you’re told it’s going to be a slap on the wrist and a small fine, or maybe you don’t even get arrested at all, you might say, I’m going to keep using.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">What we have seen since Prop 47 passed is a real decrease in the number of people who are willing to go into these diversion programs like drug court. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And I talked to Yolo County District Attorney Jeff Reisig. He’s a big proponent of Prop 36, and he says that he has seen this reality in his own county, even as they’ve really tried to put resources into these drug courts.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Jeff Reisig: \u003c/b>\u003cspan style=\"font-weight: 400;\">The percentage of the population that these new prop 47 programs are serving is like 15% or lower of the total population of individuals that used to be present in drug courts across California. It may be even lower than that in some places, but I can the data in Yolo shows that we used to on average have anywhere from 340 to 500 people a year in drug courts. And the only way you get into a drug court is if, you know, you were caught with possession of hard drugs, right? Meth. Heroin. Cocaine. Fentanyl. PCP. And then after prop 47 passed, those drug courts just slowly started to disappear because there was no incentive anymore for people to participate. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Voters are now being asked if they want to bring back these harsher penalties. How did this get on the ballot in the first place and why this 180?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Yeah. So I mentioned before that this has always been a policy that was very disliked by prosecutors and law enforcement. So district attorneys were kind of the lead folks who crafted Prop 36 and went out to get signatures from voters to put it on the ballot. At the time, as they were collecting these signatures, there was a debate happening in Sacramento about what I’ve alluded to, which is a real crisis for retailers in terms of not just simple shoplifting, people coming in and stealing small amounts of things, but also organized retail theft rings who are coming in. You know, you’ve seen those videos of the smash and grabs, but that’s the tip of the iceberg. You know, we’ve seen a lot of organized criminal gangs essentially target big box stores, small mom and pop stores, steal huge amounts of things and then resell them maybe on online marketplaces or on the street. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">As prosecutors were pushing this ballot measure, a lot of these retailers were getting very frustrated that in the past few years, the legislature and Democratic governor hadn’t been willing to take on this issue. And so a lot of them – Home Depot, Wal-Mart, Target – put in $500,000, $1 million to help get this on the ballot there. It is not clear whether they are going to continue to support this ballot measure, because we did see the legislature and Governor Gavin Newsom actually really tackle this issue this year and pass a huge package of laws that are broadly aimed at the more serious organized retail crime issue. But this is something that I think prosecutors had had their eye on for a long time, and they saw the politics shifting as we came out of the pandemic and the visibility of this retail theft issue became so apparent to voters. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so, you know, it went viral on social media. We’ve seen so much outrage on cable news and in the media in general. And I think it just really built to a breaking point where they were … it was very easy for them to ask voters to sign this. And we’re seeing polling now that it’s very likely to pass.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">OK, so that all brings us to where we are this year, considering Proposition 36. It proposes a lot of different changes, and I want to step through some of them now. So let’s start with how it would increase punishments for drug crimes.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">So Prop 36 would create something they’re calling treatment mandated felonies. Essentially, it would say if you have been arrested and prosecuted \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">previously\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\"> for drug possession that a prosecutor would have the option to charge you with a felony on a third arrest, and if they did they could also offer you something like drug court, where you participate in treatment, and if you complete that treatment the charge would be expunged and you receive no jail time. So, treatment mandated felony is what they’re calling it, but to be clear, nobody would be forced into treatment … they would have the option to take the felony or go into drug treatment.\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400;\">I’ll note that there’s nothing in this ballot measure to increase funding for treatment. And so I think there are open questions about whether if this were to pass, there would actually be enough beds for all the folks who might get arrested and prosecuted under Prop 36. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Alright, and how would Prop 36 impact theft crimes?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Yeah, I mean under Prop 36, if you’re a repeat thief, you can also be charged with a felony, even if it’s for a small amount of something, you know, worth less than $950. And this is for people who have two previous convictions. So, prosecutors could send you to prison or county jail for repeatedly stealing things. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">This is one of the kind of hearts of the prop 47 criticisms is that one person could sort of repeatedly go into the same store and never face a felony, even if they’re targeting the same place and, you know, really racking up big losses for that store and putting the employees at risk. So this kind of tries to get at that by saying, “hey, look, we’re not going to throw the book at you the first time you steal a small amount of something. But if you keep doing it, we can charge you with a felony by aggregating those offenses together.”\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">And can you just break down for people who aren’t sort of living in the criminal justice world? Felony, misdemeanor. What is the difference there?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Yeah. So a misdemeanor is a crime. It can net you up to a year in county jail and fines. So if you get arrested for a misdemeanor, there’s some sort of discretion for a police officer whether they’re going to cite you right there, say a jaywalking ticket, or maybe if you get arrested for something more serious that they can take you and book you into county jail, you know, a misdemeanor DUI, for example, or something like that. A felony generally comes with more serious criminal penalties, including jail or prison time. It also tends to stick on your record longer. It can affect your ability to get a job later on. It can affect your ability to get housing to coach Little League, things like that. It’s a far more serious criminal penalty and one that has kind of longer lasting impacts on somebody’s life beyond just whatever the sentences for the felony that they’re convicted of.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Prop 36 also ups the stakes for people who are charged with selling or providing drugs. Can you sort of explain that, that part of this?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> So essentially, Prop 36 says that if you are caught selling or providing drugs to somebody, you could be admonished in court that if you continue to do this, you could get charged with murder. So, for example, if a dealer is given this warning in court, and then someone were to die because of drugs they sold, a prosecutor would have a better case for a murder charge and it definitely is something that harkens back to the kind of tough on crime laws of the 90s.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Now, on the ballot, this prop is titled The Increased Drug and Theft Penalties and Reduce Homelessness Initiative. But we haven’t talked that much about homelessness. What does this prop have to do with homelessness?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b> \u003cspan style=\"font-weight: 400;\">I mean, nothing directly. But as I said before, I think some of the proponents are really connecting the dots between poverty, drug use and homelessness, and particularly drug use and homelessness. You know, Jeff Reisig, the Yolo County D.A., has talked to me extensively about his nephew, who is a drug user, who is homeless and who has a very supportive, large family, who is willing to support him and get him into treatment, and he will not do it. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Jeff Reisig:\u003c/b>\u003cspan style=\"font-weight: 400;\"> My nephew, I told you, is a poster child for this whole deal. I mean, literally the poster child because he started using heroin in 2014, and he’s been on the streets ever since, and he steals every day to support his habit. And it’s all misdemeanors. And it’s just a big like, we want to force him into treatment. We want him to be compelled into treatment, but there’s no tool for that. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">And so for someone like Reisig, he feels like if people are homeless and using drugs and they just keep getting essentially misdemeanor tickets for stealing or for that drug use, they’re just going to continue to hurt themselves and the communities around them and that this could be a way to essentially get them into that treatment that they need, that it could push them to do something that they may not be willing to do otherwise.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">If Prop 36 passes, what kind of impact could this have on our prison population and thus the budget?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Right. So it would definitely cut into that $800 million that we have been saving because of Prop 47. The nonpartisan Legislative Analyst’s Office did do their own analysis of this. They’re not sure exactly what will happen because we don’t know, you know, how many people will get caught stealing or doing drugs, how many people prosecutors will choose to charge with felonies. But they’re estimating that it could cost tens of millions of dollars a year, to hundreds of millions of dollars a year in added incarceration costs. It’s a lot of money. It is still in the context of a over $100 billion state budget, a tiny percentage of that, something like one half of 1%. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">But, you know, I think that you can argue that there will be obviously huge implications for the people who end up locked up. They say that up to a few thousand people could end up in jail and prison who would not be there otherwise. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And then also any of these programs that are doing good work in communities around rehabilitation or reentry, if they’re losing out on that money, there could be sort of domino effects there, because it’s not just the people that are going to be, you know, prosecuted under this. The people who will miss out on opportunities to get help because that money is now being spent on those prosecutions and jailings.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">What are supporters of Prop 36 sort of arguing and who are they?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Right. So I mentioned the prosecutors, the District Attorney Association of California as the biggest proponent. We also saw major retailers like Target, Wal-Mart, Walgreens, Home Depot and initially back this. I’m waiting to hear if they’re going to continue to support this or if they’re just going to stay neutral. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">I think most interestingly, big city mayors – San Francisco’s London Breed, San Jose’s Matt Mahan, San Diego’s Todd Gloria. These are all pretty liberal Democrats who are backing this. I think that they see what we’re seeing reflected in polls, which show that this is wildly popular and that people are blaming them for a lot of these very visible issues both on the streets and in stores.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">The California Republican Party is in support and I would say in the state legislature, we’ve seen kind of a split between more moderate members who do support this and more liberal members who are very reticent to return to any sort of tough on crime laws.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">And let’s talk opposition. What’s the case being made there and who’s making it? \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">The most high profile opponent of Prop 36 is definitely our Democratic governor, Gavin Newsom. He’s really been a long time proponent for these criminal justice reforms. He also backed Prop 64 to legalize marijuana, which had the effect of essentially like wiping a lot of people’s records. And so this is something I think he feels really strongly about. And he has been really reticent to admit any problems with Prop 47 because it is something that he has backed and I think believes in.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Gov. Gavin Newsom: \u003c/b>\u003cspan style=\"font-weight: 400;\">Everyone I know is rushing to reform Prop 47 to raise the threshold. OK. That’s not the fundamental issue. The fundamental issue is the other issues that are not 47 related. And that is the nature of retail theft has changed. It’s not just the onesie, twosies – yes, that’s an issue, I don’t deny that – but it’s also become deeply organized. And that’s what we need to go after. And that’s a whole different thing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">He’s out there. You have the legislative leadership who also shepherded a lot of these bills to tackle organized retail theft in opposition. The state Democratic Party has voted to oppose it. And then you have, I think, what you would expect, which is a lot of these criminal justice reform and civil liberties groups. Californians for Safety and Justice, who wrote Prop 47, the ACLU, the Anti Recidivism Coalition. These are groups that are largely on the ground working with the populations that were impacted by 47 that would be impacted by 36. And they say we’ve been down this road before and it didn’t work.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">I sat down this year with Tinisch Hollins. She leads Californians for Safety and Justice, which originally wrote Prop 47 and has been one of the biggest leaders in pushing criminal justice reforms.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Tinisch Hollins:\u003c/b>\u003cspan style=\"font-weight: 400;\"> We’ve tried tough on crime right? Right. You tried. We’ve tried different policy. We don’t. We not only have scientific data or we have lived experience, and we have decades of proof that that doesn’t work. It doesn’t work as appropriate interventions for addiction.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Another thing, talking to Tinisch and a lot of folks within this world is that they feel like police and law enforcement have not been using the tools that they have at their disposal already to get at these problems. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">I mentioned before, you know, you can arrest someone for a misdemeanor. We’ve seen a real pulling back by police since Prop 47 passed. Crime rates have held largely steady in a lot of these kind of property crimes. But clearance rates, which is essentially the arrest rates — how likely are you to get arrested for something? — have gone down by almost half in the last decade or two. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">And so if you’re in San Francisco and you commit a property crime, only 5% of those people get arrested. That’s not to say prosecuted, just arrested. And prosecutors can’t make a case if there’s no arrest. So Tinisch, I think, feels like this is not necessarily calling for a change in law and policy, but a change in how we apply the laws that already exist.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Tinisch Hollins: \u003c/b>\u003cspan style=\"font-weight: 400;\">We already have laws on the books to address those issues, right? Like selling fentanyl is a crime is a felony, right? People can go to jail or prison for that. The question is, “what is the challenge with making arrests?” I’m from San Francisco. I see this all the time. Right? So there’s a lot of public concern around it, and rightfully so, because the tools that law enforcement currently have are not being used. They’re being underutilized.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">And how are things looking on the spending front for this one?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">It is very uneven. I think about $9 million has been raised on the pro-Prop 36 side versus less than $200,000 for the opposition. Again, I think that this campaign is really just starting in earnest. Having someone like the governor on your side, on the no side, is a huge opportunity for what’s called earned media, right? You don’t have to go out and spend money if you’re the governor. You just talk and people put you on TV. But it does seem to me like the criminal justice reform advocates and the people on the no side, in some ways aren’t spending a lot of political capital and money to try to fight this, maybe because they feel like it’s kind of a foregone conclusion.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b> \u003cspan style=\"font-weight: 400;\">All right. Such a fascinating topic. Thank you for breaking it all down for us, Marisa. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Marisa Lagos: \u003c/b>\u003cspan style=\"font-weight: 400;\">Thank you.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Marisa Lagos is KQED’s politics correspondent and co-host of the podcast Political Breakdown.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Alrighty, here’s a semi-condensed review of all that….\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400;\">A vote yes on 36 means…\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">You want to increase sentences for certain drug and theft crimes. \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">You want to establish a new classification of crime, called a \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">treatment-mandated felony \u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">that could be issued for certain drug offenses. These would give people charged with some drug felonies the option to get drug treatment instead, and have their record expunged.\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">You want judges to be able to warn drug distributors that they could face murder charges if they are caught distributing drugs that lead to a death.\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cspan style=\"font-weight: 400;\">A vote no would keep things they way they are now.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> And that’s a wrap on Prop Fest!\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Pfew! It has been a journey, but thank you so much for coming along on the ride. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> If you found Prop Fest helpful, please share it with a friend, or give us some love on social media. We want to get the word out so everyone can listen before those ballots are due!\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">If you’re a new listener, welcome! We hope you’ll stick around. I’m Olivia Allen-Price, the host of Bay Curious, which is a weekly podcast that explores the hidden true stories of the San Francisco Bay Area.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">And I’m Ericka Cruz Guevarra, host of The Bay. We are local, Bay Area news to keep you rooted.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">Subscribe to both shows to feel more connected to your Bay Area community, and in the know about what’s going on here!\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra:\u003c/b>\u003cspan style=\"font-weight: 400;\"> Prop Fest is made with love by Alan Montecillo, Jessica Kariisa, Olivia Allen-Price, Amanda Font, Christopher Beale, Ana De Almeda Amaral, and me, Ericka Cruz Guevarra.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price: \u003c/b>\u003cspan style=\"font-weight: 400;\">We get extra support from Katie Sprenger, Jen Chien, Maha Sanad, Holly Kernan …\u003c/span>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cspan style=\"font-weight: 400;\">…and the whole KQED family. Thank you so much for listening!\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price:\u003c/b>\u003cspan style=\"font-weight: 400;\"> We hope we’ve helped you to vote with confidence. Have a good one.\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "as-berkeley-unified-settles-lawsuit-over-teachers-decades-of-alleged-abuse-survivors-say-it-doesnt-feel-over",
"title": "As Berkeley Unified Settles Lawsuit Over Teacher's Decades of Alleged Abuse, Survivors Say It Doesn't Feel Over",
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"headTitle": "As Berkeley Unified Settles Lawsuit Over Teacher’s Decades of Alleged Abuse, Survivors Say It Doesn’t Feel Over | KQED",
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"content": "\u003cp>\u003cem>Updated 2:45 p.m. Thursday\u003c/em>\u003c/p>\n\u003cp>Berkeley Unified has agreed to a $13.5 million settlement with nine former students who say they were sexually harassed and abused by a teacher.\u003c/p>\n\u003cp>The women allege former Berkeley High teacher Matthew Bissell sexually harassed and assaulted students for more than two decades and that the district dismissed complaints about his behavior and covered up the abuse.\u003c/p>\n\u003cp>Bissell, a former chemistry teacher and coach, worked at Berkeley High until 2021, when the district forced him to resign, according to the complaint.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The lead plaintiff, Rachel Phillips, said the settlement is bittersweet. She’s glad to see a conclusion to the litigation but said more change is still necessary to keep predatory teachers out of schools.\u003c/p>\n\u003cp>“I’m glad it is going to be over. But there’s still a lot sort of hanging out there in the ether,” Phillips said in an interview with KQED on Wednesday. “It lands back in the hands of the students, the faculty and the community, the whole Berkeley community. We have to do better to hold these people accountable in making changes.”\u003c/p>\n\u003cp>In the suit, Phillips alleges Bissell abused her while she was a student at Berkeley High between the fall of 1999 and the spring of 2003. She alleges Bissell kissed her, put his tongue in her ear, pulled her thong underwear, and used his position of trust to exploit her physically and emotionally.\u003c/p>\n\u003cp>The suit describes how, in Berkeley High School’s 2003 yearbook, a picture shows Bissell hugging her from behind with his arms wrapped around her neck and chest with his face buried in her hair.\u003c/p>\n\u003cp>The alleged misconduct took place on campus, including hallways near the locker rooms, the suit says. Phillips said school had been her safe space until Bissell took away that security.\u003c/p>\n\u003cp>“A settlement doesn’t mean that I can go and still fulfill my dream of being a neurosurgeon. Matt Bissell took chemistry from me,” Phillips said. “So I still have that emptiness that I carry. And it doesn’t feel over.”\u003c/p>\n\u003cp>Students had reported misconduct by Bissell to administrators repeatedly, the complaint says, but Bissell was not forced to resign until 2021. Berkeleyside \u003ca href=\"https://www.berkeleyside.org/2021/11/23/berkeley-high-knew-about-matthew-bissell-sexual-misconduct-allegations\">reported\u003c/a> the district agreed not to disclose the alleged misconduct with any potential employers conducting reference checks.\u003c/p>\n\u003cp>“This settlement is a clear message: school districts will be held accountable when they fail to act and allow harm to continue under their watch,” said lead attorney Elana Jacobs in a written statement.\u003c/p>\n\u003cp>Berkeley Unified did not respond to a request for comment.\u003c/p>\n\u003cp>Another plaintiff, who asked to be referred to as Jane MK Doe to protect her privacy, said she was relieved and surprised to learn of the settlement and the amount. She said she was in Bissell’s chemistry class in 2003, and that same year she and her mom went to the principal and reported Bissell for his behavior.\u003c/p>\n\u003cp>“And basically nothing was done. In fact, after I reported him, he ended up avoiding me and failing me out of his class,” the plaintiff said. “I almost felt like I was going to be punished again somehow.”\u003c/p>\n\u003cp>She said the settlement helps close a chapter in her life and validate what she went through in high school.\u003c/p>\n\u003cp>“I feel satisfied. My mom passed away a couple of years ago, but I think she would be satisfied as well,” the plaintiff said.\u003c/p>\n\u003cp>She still worries about current and future students. While she does not have faith in the Berkeley Unified administration, she has faith in the district’s students to stand up for young women.\u003c/p>\n\u003cp>Genevieve Mage, a former teacher and yearbook advisor at Berkeley High, is still processing the news of the settlement. Mage saw the disturbing yearbook photo of Bissell in 2020 \u003ca href=\"https://www.berkeleyside.org/2021/07/16/yearbook-teacher-uncovered-alleged-sexual-assaults-berkeley-high-matthew-bissell\">and helped bring the allegations to light.\u003c/a>\u003c/p>\n\u003cp>“It’s a little bit of happiness. It’s been so many years and so much breaking through really awful memories and pain,” said Mage, who is currently ombudsperson at Oakland School for the Arts. “I just hope they get to be done, and the money they get from the settlement gets to drastically shift their lives and enables them to just walk away.”[aside label=\"Related Stories\" postID=\"news_11990571,news_11985234,news_12000395\"]Mage said people all over the country have reached out to share similar stories in other school districts, from Ohio to Colorado to Florida.\u003c/p>\n\u003cp>“Nothing is changing as far as I can see,” Mage said.\u003c/p>\n\u003cp>Mage said students still do not receive enough pleasure-centered, consent-centered sex education to be equipped with the skills to notice or call for help when something is wrong — or for people to help when they do.\u003c/p>\n\u003cp>“Everyone is ill-equipped, not just the students,” Mage said.\u003c/p>\n\u003cp>Berkeley High students in the district have for years been pushing the district to improve how it responds to reports of sexual misconduct. \u003ca href=\"https://www.kqed.org/news/11864769/how-generations-of-berkeley-high-students-forced-a-reckoning-about-sexual-abuse\">In February 2020, Berkeley High students walked out of class\u003c/a> to protest how the district handled complaints. They also demanded more resources for the Title IX office that investigates misconduct.\u003c/p>\n\u003cp>Phillips said the systematic gaps also go further than Berkeley Unified. Although Bissell’s credentials were revoked in California, he could go on to teach at another school in another state.\u003c/p>\n\u003cp>Because her alleged abuse was more than 20 years ago, Phillips said the statute of limitations also prevents her from filing criminal charges.\u003c/p>\n\u003cp>A temporary window, from 2020 to 2023, \u003ca href=\"https://www.kqed.org/news/11935859/a-shot-at-justice-lawsuits-mount-over-sexual-abuse-in-california-schools-as-end-of-year-deadline-approaches\">had allowed victims to file civil complaints against school districts\u003c/a> or other institutions regardless of when the abuse occurred.\u003c/p>\n\u003cp>“Matt Bissell is the tip of the iceberg. Students deserve better. They deserve an education,” Phillips said. “And they deserve to be safe, especially from their teachers.”\u003c/p>\n\u003cp>\u003cem>KQED’s Riley Cooke contributed reporting to this story. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2:45 p.m. Thursday\u003c/em>\u003c/p>\n\u003cp>Berkeley Unified has agreed to a $13.5 million settlement with nine former students who say they were sexually harassed and abused by a teacher.\u003c/p>\n\u003cp>The women allege former Berkeley High teacher Matthew Bissell sexually harassed and assaulted students for more than two decades and that the district dismissed complaints about his behavior and covered up the abuse.\u003c/p>\n\u003cp>Bissell, a former chemistry teacher and coach, worked at Berkeley High until 2021, when the district forced him to resign, according to the complaint.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The lead plaintiff, Rachel Phillips, said the settlement is bittersweet. She’s glad to see a conclusion to the litigation but said more change is still necessary to keep predatory teachers out of schools.\u003c/p>\n\u003cp>“I’m glad it is going to be over. But there’s still a lot sort of hanging out there in the ether,” Phillips said in an interview with KQED on Wednesday. “It lands back in the hands of the students, the faculty and the community, the whole Berkeley community. We have to do better to hold these people accountable in making changes.”\u003c/p>\n\u003cp>In the suit, Phillips alleges Bissell abused her while she was a student at Berkeley High between the fall of 1999 and the spring of 2003. She alleges Bissell kissed her, put his tongue in her ear, pulled her thong underwear, and used his position of trust to exploit her physically and emotionally.\u003c/p>\n\u003cp>The suit describes how, in Berkeley High School’s 2003 yearbook, a picture shows Bissell hugging her from behind with his arms wrapped around her neck and chest with his face buried in her hair.\u003c/p>\n\u003cp>The alleged misconduct took place on campus, including hallways near the locker rooms, the suit says. Phillips said school had been her safe space until Bissell took away that security.\u003c/p>\n\u003cp>“A settlement doesn’t mean that I can go and still fulfill my dream of being a neurosurgeon. Matt Bissell took chemistry from me,” Phillips said. “So I still have that emptiness that I carry. And it doesn’t feel over.”\u003c/p>\n\u003cp>Students had reported misconduct by Bissell to administrators repeatedly, the complaint says, but Bissell was not forced to resign until 2021. Berkeleyside \u003ca href=\"https://www.berkeleyside.org/2021/11/23/berkeley-high-knew-about-matthew-bissell-sexual-misconduct-allegations\">reported\u003c/a> the district agreed not to disclose the alleged misconduct with any potential employers conducting reference checks.\u003c/p>\n\u003cp>“This settlement is a clear message: school districts will be held accountable when they fail to act and allow harm to continue under their watch,” said lead attorney Elana Jacobs in a written statement.\u003c/p>\n\u003cp>Berkeley Unified did not respond to a request for comment.\u003c/p>\n\u003cp>Another plaintiff, who asked to be referred to as Jane MK Doe to protect her privacy, said she was relieved and surprised to learn of the settlement and the amount. She said she was in Bissell’s chemistry class in 2003, and that same year she and her mom went to the principal and reported Bissell for his behavior.\u003c/p>\n\u003cp>“And basically nothing was done. In fact, after I reported him, he ended up avoiding me and failing me out of his class,” the plaintiff said. “I almost felt like I was going to be punished again somehow.”\u003c/p>\n\u003cp>She said the settlement helps close a chapter in her life and validate what she went through in high school.\u003c/p>\n\u003cp>“I feel satisfied. My mom passed away a couple of years ago, but I think she would be satisfied as well,” the plaintiff said.\u003c/p>\n\u003cp>She still worries about current and future students. While she does not have faith in the Berkeley Unified administration, she has faith in the district’s students to stand up for young women.\u003c/p>\n\u003cp>Genevieve Mage, a former teacher and yearbook advisor at Berkeley High, is still processing the news of the settlement. Mage saw the disturbing yearbook photo of Bissell in 2020 \u003ca href=\"https://www.berkeleyside.org/2021/07/16/yearbook-teacher-uncovered-alleged-sexual-assaults-berkeley-high-matthew-bissell\">and helped bring the allegations to light.\u003c/a>\u003c/p>\n\u003cp>“It’s a little bit of happiness. It’s been so many years and so much breaking through really awful memories and pain,” said Mage, who is currently ombudsperson at Oakland School for the Arts. “I just hope they get to be done, and the money they get from the settlement gets to drastically shift their lives and enables them to just walk away.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Mage said people all over the country have reached out to share similar stories in other school districts, from Ohio to Colorado to Florida.\u003c/p>\n\u003cp>“Nothing is changing as far as I can see,” Mage said.\u003c/p>\n\u003cp>Mage said students still do not receive enough pleasure-centered, consent-centered sex education to be equipped with the skills to notice or call for help when something is wrong — or for people to help when they do.\u003c/p>\n\u003cp>“Everyone is ill-equipped, not just the students,” Mage said.\u003c/p>\n\u003cp>Berkeley High students in the district have for years been pushing the district to improve how it responds to reports of sexual misconduct. \u003ca href=\"https://www.kqed.org/news/11864769/how-generations-of-berkeley-high-students-forced-a-reckoning-about-sexual-abuse\">In February 2020, Berkeley High students walked out of class\u003c/a> to protest how the district handled complaints. They also demanded more resources for the Title IX office that investigates misconduct.\u003c/p>\n\u003cp>Phillips said the systematic gaps also go further than Berkeley Unified. Although Bissell’s credentials were revoked in California, he could go on to teach at another school in another state.\u003c/p>\n\u003cp>Because her alleged abuse was more than 20 years ago, Phillips said the statute of limitations also prevents her from filing criminal charges.\u003c/p>\n\u003cp>A temporary window, from 2020 to 2023, \u003ca href=\"https://www.kqed.org/news/11935859/a-shot-at-justice-lawsuits-mount-over-sexual-abuse-in-california-schools-as-end-of-year-deadline-approaches\">had allowed victims to file civil complaints against school districts\u003c/a> or other institutions regardless of when the abuse occurred.\u003c/p>\n\u003cp>“Matt Bissell is the tip of the iceberg. Students deserve better. They deserve an education,” Phillips said. “And they deserve to be safe, especially from their teachers.”\u003c/p>\n\u003cp>\u003cem>KQED’s Riley Cooke contributed reporting to this story. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a>’s sideshow ordinance that makes it illegal to watch a street takeover is being challenged in federal court, where lawyers for a local reporter will ask a judge to block its enforcement on the basis that it violates his First Amendment rights.\u003c/p>\n\u003cp>Jose Fermoso, who covers road safety for\u003cem> The Oaklandside\u003c/em>, said he can’t report on sideshows because the ordinance makes it illegal to spectate within 200 feet of one. Violators could be hit with a maximum $1,000 fine, three months in jail or both.\u003c/p>\n\u003cp>Unlike San Francisco’s recent move to crack down on sideshows, which have raised concerns over noise, disruptions and gun violence that sometimes accompanies them, Alameda County’s ordinance does not carve out exceptions for the press.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Fermoso filed a federal lawsuit on July 2 against Alameda County and Sheriff Yesenia Sanchez, who co-authored the ordinance, alleging that it “effectively prohibits recording or reporting on the sideshow, because viewing, observing, watching, or witnessing an event is inherently necessary to recording or reporting on it.”\u003c/p>\n\u003cp>The First Amendment Coalition, which is representing Fermoso, will ask the court on Thursday for a preliminary injunction to block the county from enforcing the ordinance against him as a reporter.\u003c/p>\n\u003cp>“If I’m in public — whether I’m a journalist or anybody else — and I see something happening, I’m entitled to record that,” said David Loy, one of the First Amendment Coalition attorneys representing Fermoso.\u003c/p>\n\u003cp>[aside postID=news_12002515 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240830-SFSIDESHOWLEGISLATION-07-BL-KQED-1020x680.jpg']\u003c/p>\n\u003cp>After the ordinance passed last summer, Fermoso said he canceled all future plans to report on sideshows because he “reasonably feared citation, arrest, or criminal prosecution.”\u003c/p>\n\u003cp>In their motion for an injunction, attorneys for Fermoso said the ordinance “compels this self-censorship and violates Fermoso’s First Amendment right to gather and report the news.”\u003c/p>\n\u003cp>Lawyers representing Alameda County and the sheriff argue that the ordinance isn’t subject to First Amendment scrutiny because it’s “a generally applicable regulation of conduct that only incidentally affects speech.”\u003c/p>\n\u003cp>“[The plaintiffs] contend that the First Amendment protects a right just to observe criminal conduct, and the First Amendment does not protect any such right,” said Matthew Zinn, one of the defendants’ lawyers.\u003c/p>\n\u003cp>The defendants also argue that the ordinance has never been enforced because the sheriff’s office hasn’t been aware of any reported sideshows in unincorporated parts of the county since the ordinance was adopted.\u003c/p>\n\u003cp>However, a witness declaration in support of the injunction states otherwise.\u003c/p>\n\u003cp>The individual, who lives in unincorporated Alameda County, wrote in the declaration that sideshows have occurred at least once or twice a week since Aug. 1, 2023.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Lawyers for a local Oakland reporter will ask a judge to block the law, which makes it illegal to watch within 200 feet of a street takeover, from being enforced against him.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a>’s sideshow ordinance that makes it illegal to watch a street takeover is being challenged in federal court, where lawyers for a local reporter will ask a judge to block its enforcement on the basis that it violates his First Amendment rights.\u003c/p>\n\u003cp>Jose Fermoso, who covers road safety for\u003cem> The Oaklandside\u003c/em>, said he can’t report on sideshows because the ordinance makes it illegal to spectate within 200 feet of one. Violators could be hit with a maximum $1,000 fine, three months in jail or both.\u003c/p>\n\u003cp>Unlike San Francisco’s recent move to crack down on sideshows, which have raised concerns over noise, disruptions and gun violence that sometimes accompanies them, Alameda County’s ordinance does not carve out exceptions for the press.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Fermoso filed a federal lawsuit on July 2 against Alameda County and Sheriff Yesenia Sanchez, who co-authored the ordinance, alleging that it “effectively prohibits recording or reporting on the sideshow, because viewing, observing, watching, or witnessing an event is inherently necessary to recording or reporting on it.”\u003c/p>\n\u003cp>The First Amendment Coalition, which is representing Fermoso, will ask the court on Thursday for a preliminary injunction to block the county from enforcing the ordinance against him as a reporter.\u003c/p>\n\u003cp>“If I’m in public — whether I’m a journalist or anybody else — and I see something happening, I’m entitled to record that,” said David Loy, one of the First Amendment Coalition attorneys representing Fermoso.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After the ordinance passed last summer, Fermoso said he canceled all future plans to report on sideshows because he “reasonably feared citation, arrest, or criminal prosecution.”\u003c/p>\n\u003cp>In their motion for an injunction, attorneys for Fermoso said the ordinance “compels this self-censorship and violates Fermoso’s First Amendment right to gather and report the news.”\u003c/p>\n\u003cp>Lawyers representing Alameda County and the sheriff argue that the ordinance isn’t subject to First Amendment scrutiny because it’s “a generally applicable regulation of conduct that only incidentally affects speech.”\u003c/p>\n\u003cp>“[The plaintiffs] contend that the First Amendment protects a right just to observe criminal conduct, and the First Amendment does not protect any such right,” said Matthew Zinn, one of the defendants’ lawyers.\u003c/p>\n\u003cp>The defendants also argue that the ordinance has never been enforced because the sheriff’s office hasn’t been aware of any reported sideshows in unincorporated parts of the county since the ordinance was adopted.\u003c/p>\n\u003cp>However, a witness declaration in support of the injunction states otherwise.\u003c/p>\n\u003cp>The individual, who lives in unincorporated Alameda County, wrote in the declaration that sideshows have occurred at least once or twice a week since Aug. 1, 2023.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "how-artificial-intelligence-is-changing-the-reports-police-write",
"title": "How Artificial Intelligence Is Changing The Reports Police Write",
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"headTitle": "How Artificial Intelligence Is Changing The Reports Police Write | KQED",
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"content": "\u003cp>[dropcap]O[/dropcap]fficer Wendy Venegas spoke softly in Spanish to the 14-year-old standing on the side of a narrow residential road in East Palo Alto. The girl’s face was puffy from crying as she quietly explained what had happened.\u003c/p>\n\u003cp>The girl said her father had caught her and her boyfriend “doing stuff” that morning, and her dad had either struck or pushed the boy, Venegas later explained. Now, the police had arrived to interview all three of them. So far, this was all standard procedure.\u003c/p>\n\u003cp>But when it came time to turn this incident into a report, Venegas would have help from a new assistant: a cutting-edge artificial intelligence tool called Draft One.\u003c/p>\n\u003cp>East Palo Alto, a small working-class city that can feel a world away from its Silicon Valley neighbors, is among a handful of California departments, including Campbell, San Mateo, Bishop and Fresno, that have started to use or test the AI-powered software developed by Axon, an industry leader in body cameras and tasers. Axon said the program can help officers produce more objective reports in less time. But as more agencies adopt these kinds of tools, some experts wonder if they give artificial intelligence too big a part in the criminal justice system.\u003c/p>\n\u003cp>“We forget that that document plays a really central role in decisions that change people’s lives,” said Andrew Ferguson, a criminal law professor at American University Washington College of Law who wrote the first law review \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4897632\">article\u003c/a> on AI-assisted police reports, which he expects to publish next year.\u003c/p>\n\u003cfigure id=\"attachment_12007615\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007615\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based system to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From documenting the details of complex homicides to recording the basics of a stolen bicycle, police reports have been at the heart of police work.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“They actually are kind of the building block of the criminal justice system because they are the official sort of memorialization of what happened, when, and sometimes why,” Ferguson said.\u003c/p>\n\u003cp>Prosecutors make charging decisions, judges make bail decisions and people make decisions about their own defense based — at least in part — on what is on this initial piece of paper.\u003c/p>\n\u003cp>“If part of that is being shaped by AI, it raises some real concerns about whether we can rely on it,” Ferguson said. The potential for error or bias introduced by AI is still being studied. But, he added, law enforcement leaders have an understandable desire to improve efficiency.\u003c/p>\n\u003cfigure id=\"attachment_12006137\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg?ver=1727233046\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006137\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg\" alt=\"A woman wearing a pink shirt stands in front of a man and woman dressed in police uniforms.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers Wendy Venegas (left) and Spencer Lawrence take a statement from a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Axon is marketing its Draft One tool as a force multiplier, which is attractive to many police departments struggling to recruit and retain officers, a \u003ca href=\"https://www.theiacp.org/sites/default/files/239416_IACP_RecruitmentBR_HR_0.pdf\">crisis\u003c/a> that many in law enforcement say was exacerbated by the murder of George Floyd and the subsequent protests.\u003c/p>\n\u003cp>“The pendulum is swinging, but many of them are still 15, 20% below their targeted force numbers,” Axon founder Rick Smith said on an August earnings call with shareholders. “And so that’s where we’re hearing this sort of magical feedback, where they’re like, ‘Man, with Draft One, if it’s freeing up 20, 25% of my officers’ day from writing reports, that’s almost like a 20% bump in my, in my force power overnight.’”\u003c/p>\n\u003cp>East Palo Alto Chief Jeff Liu said his agency isn’t immune to these staffing concerns. The department is budgeted for 36 sworn officers, including the chief, but he’s currently short eight positions. He doesn’t see Draft One as a turn-key solution but hopes it can help officers spend more time on the streets.\u003c/p>\n\u003cp>“If this AI is going to speed up the reports, but without compromising accuracy, I think it’s a win,” he said. East Palo Alto’s \u003ca href=\"https://d3n9y02raazwpg.cloudfront.net/cityofepa/0b769671-d804-11ee-98bb-0050569183fa-3408cd31-ecd7-4429-9d91-65986d552499-1721442774.pdf\">contract\u003c/a> shows Draft One costs the city about $70 per body camera per month or about $40,000 per year.\u003c/p>\n\u003cfigure id=\"attachment_12006138\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006138\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\" alt=\"The torso of a person dressed in a police uniform holds a hand over a body camera.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas’ Axon body camera in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Liu said while he doesn’t write many reports these days, he does use Chat GPT to draft social media posts and even condolence letters, which he then customizes in his own voice. Working with the popular AI chatbot made him more open to Draft One, he said. Draft One uses the same underlying AI as \u003ca href=\"https://openai.com/index/chatgpt/\">Chat GPT\u003c/a>, but departmental data is stored on a secure government cloud service developed by Microsoft.\u003c/p>\n\u003cp>Axon is not the only company that offers this service. \u003ca href=\"https://truleo.co/\">Truleo\u003c/a> — a company that uses AI to analyze vast swaths of bodycam footage to make sure officers are acting professionally — offers a similar report-writing program, but it hasn’t been marketed or adopted as widely as Axon’s Draft One.\u003c/p>\n\u003cp>In nearby Santa Clara County, Campbell police Capt. Ian White said that in his department’s first month of testing Draft One, officers said it saved them about 50 hours overall. The police department in Fort Collins, Colorado, found that, on average, reports written with Draft One were produced in eight minutes, while those not using the software took 23 minutes.\u003c/p>\n\u003cp>But the first independent \u003ca class=\"c-link\" href=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" data-sk=\"tooltip_parent\">study\u003c/a> of the Draft One software published this week in The Journal of Experimental Criminology, did not corroborate the time savings that White and others reported. Researchers at the University of South Carolina did a randomized controlled trial with a New Hampshire police department over the past year, which found officers who used Draft One didn’t write reports any faster than those in the control group.\u003c/p>\n\u003cp>Assistant Professor Ian Adams, who led the study, said he can’t yet draw conclusions about why there were no time-savings — he and his colleagues are still looking into that — but he said the results surprised him. He also cautioned against giving his findings too much weight. “It is in one agency, about one outcome at one point in time,” Adams said.\u003c/p>\n\u003cp>His team is still researching whether there could be other benefits like accuracy or completeness. If technology like Draft One can produce better-written reports, he said, “maybe they get returned for editing or revision less [often], and so you could maybe see systemic savings.”\u003c/p>\n\u003cfigure id=\"attachment_12006142\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg?ver=1727270167\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006142\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based software to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officer Venegas in East Palo Alto said the program helps her overcome writer’s block, especially after a long day on patrol. She can just push the Draft One button on her computer, and a narrative based on the audio transcript of her bodycam footage appears within seconds.\u003c/p>\n\u003cp>“When you don’t know what words you’re trying to write, and then you just look, and you’re like, ‘Oh, that’s exactly what I was thinking!’ That’s the best,” she said. Draft One is also changing the way she works in the field. Because the report is based on the audio transcript, Venegas said she will purposefully talk about what is happening during an incident.\u003c/p>\n\u003cp>“I’ll be like, ‘Did you see that? The mirror is broken,’” Venegas said. “‘Did you see that? There’s stuff on the floor. The knife, the bloody knife, is on the floor.’”\u003c/p>\n\u003cp>Axon product designer Noah Spitzer-Williams said this was one of the most surprising and fascinating side-effects of the software: it incentivizes officers to be more verbal overall, even talking into their camera’s microphone to provide context — like the parole status of a subject or whether a weapon has been reported before arriving at a scene — so the audio transcript contains key details that Draft One puts in the report.\u003c/p>\n\u003cp>“Then, during the interaction, the officer is asking more questions,” Spitzer-Williams said. “They’re echoing back statements like, ‘Okay, Jimmy. You’re giving me consent to search your backpack.’”\u003c/p>\n\u003cp>Spitzer-Williams said this also helps community relations because officers are explaining what they’re doing and why.\u003c/p>\n\u003cp>But \u003ca href=\"https://www.aclu.org/news/privacy-technology/acting-and-directing-police-cameras\">research\u003c/a> by the American Civil Liberties Union shows the ways officers’ real-time narration has also been used to manipulate evidence. A common example is when officers shout “stop resisting” to justify use of force even when the individual is complying. Axon’s Spitzer-Williams said he doesn’t believe Draft One will make this “real concern” any worse.\u003c/p>\n\u003cp>Spitzer-Williams also pointed to an Axon \u003ca href=\"https://a.storyblok.com/f/198504/x/7a83779017/axon_marketing_draft-one_double-blind-study_fnl.pdf\">study\u003c/a> that found reports written by the software tended to use less biased language than reports written by officers.\u003c/p>\n\u003cp>Back in a conference room at the East Palo Alto Police Department, Venegas read from her AI-generated report. “September 23, 2024, at approximately 10:49, I, Officer Venegas, responded to a call for service involving a minor and a domestic disturbance.’”\u003c/p>\n\u003cp>The program produced a good rough draft, she said, but it has some limitations. At this point, Draft One only understands English, so it got some things wrong, like who was speaking and who was related to whom.\u003c/p>\n\u003cp>“Sometimes it makes small mistakes like that,” Venegas said, “Which are easy to correct.”\u003c/p>\n\u003cfigure id=\"attachment_12006139\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006139\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\" alt=\"Three people dressed in police uniforms stand around outside next to a man with a white t-shirt.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers (from left) Guadalupe Juarez, Spencer Lawrence and Wendy Venegas speak with a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some in the criminal justice sector said these seemingly small mistakes point to bigger questions of authorship, which can become critical in the adjudication process. Dr. Matthew Guariglia, a policy analyst for the Electronic Frontier Foundation, said he’s concerned these reports are “going to destroy the ability to cross-examine officers. Because if an officer is caught in a lie on the stand, they can always just say, ‘Well, the AI wrote that.’” [aside postID=\"news_12002254,news_12005186,news_12007087\" label=\"Related Stories\"]\u003c/p>\n\u003cp>Capt. Ian White of the Campbell Police Department, which has been using the software since May, said his department’s policy ensures officers take responsibility for authoring the reports produced by Draft One. Even if an officer “screwed up” and an error was introduced into the report, he said, it should be easily resolvable by reviewing what he called the “gold standard” of evidence: the bodycam video.\u003c/p>\n\u003cp>“There’s error in any human activity,” White said. He thinks AI will make things more accurate, not less.\u003c/p>\n\u003cp>San Mateo County Assistant District Attorney Rebecca Baum, who has been talking with East Palo Alto and San Mateo police departments about their shift toward AI-assisted reports, said her office is cautiously optimistic about the new program. Her chief concern is that body cameras, and especially body camera audio, don’t capture everything that happens during an incident.\u003c/p>\n\u003cp>“Witness demeanor, if someone’s under the influence of drugs or alcohol, if there’s injuries,” Baum said, “this is not coming through from an audio recording of the body camera.”\u003c/p>\n\u003cfigure id=\"attachment_12007590\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007590\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\" alt=\"An image of a computer screen with text highlighted in blue.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews the draft report generated by Axon Draft One’s based on the audio from her body camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officers need to remain very engaged in the process of writing these reports, Baum said, so they don’t leave something out — particularly information that shows a person might be innocent, which prosecutors have a duty to turn over.\u003c/p>\n\u003cp>For its part, Axon has also built a number of safeguards into the application to ensure that an officer goes through the report in detail to proofread it and make sure it’s accurate.\u003c/p>\n\u003cp>On the computer screen, Officer Venegas demonstrated how each paragraph of the report includes comments that need to be resolved before she can move the report out of Draft One and into the departmental system.\u003c/p>\n\u003cp>And at the very bottom of the screen, Venegas pointed to a box she has to click, a final step that Spitzer-Williams, of Axon, said is “arguably the most important,” given the potential ramifications of each report.\u003c/p>\n\u003cp>“I acknowledge that this report was generated using Draft One by Axon,” Venegas read aloud. “And that I further acknowledge that I have viewed the report in detail, made any necessary edits, and believe it to be an accurate representation of my recollection of the reported events. If needed, I’m willing to testify to the accuracy of this report.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story is a collaboration between \u003ca href=\"https://www.kqed.org/\">KQED\u003c/a>, The Guardian US, and the \u003ca href=\"https://www.kqed.org/californianewsroom\">California Newsroom\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"excerpt": "East Palo Alto is among a handful of California departments that have started to use or test the AI-powered software developed by Axon, an industry leader in body cameras and tasers. Some experts wonder if they give AI too big a part in the criminal justice system. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">O\u003c/span>\u003c/p>\u003cp>fficer Wendy Venegas spoke softly in Spanish to the 14-year-old standing on the side of a narrow residential road in East Palo Alto. The girl’s face was puffy from crying as she quietly explained what had happened.\u003c/p>\n\u003cp>The girl said her father had caught her and her boyfriend “doing stuff” that morning, and her dad had either struck or pushed the boy, Venegas later explained. Now, the police had arrived to interview all three of them. So far, this was all standard procedure.\u003c/p>\n\u003cp>But when it came time to turn this incident into a report, Venegas would have help from a new assistant: a cutting-edge artificial intelligence tool called Draft One.\u003c/p>\n\u003cp>East Palo Alto, a small working-class city that can feel a world away from its Silicon Valley neighbors, is among a handful of California departments, including Campbell, San Mateo, Bishop and Fresno, that have started to use or test the AI-powered software developed by Axon, an industry leader in body cameras and tasers. Axon said the program can help officers produce more objective reports in less time. But as more agencies adopt these kinds of tools, some experts wonder if they give artificial intelligence too big a part in the criminal justice system.\u003c/p>\n\u003cp>“We forget that that document plays a really central role in decisions that change people’s lives,” said Andrew Ferguson, a criminal law professor at American University Washington College of Law who wrote the first law review \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4897632\">article\u003c/a> on AI-assisted police reports, which he expects to publish next year.\u003c/p>\n\u003cfigure id=\"attachment_12007615\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007615\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based system to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From documenting the details of complex homicides to recording the basics of a stolen bicycle, police reports have been at the heart of police work.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“They actually are kind of the building block of the criminal justice system because they are the official sort of memorialization of what happened, when, and sometimes why,” Ferguson said.\u003c/p>\n\u003cp>Prosecutors make charging decisions, judges make bail decisions and people make decisions about their own defense based — at least in part — on what is on this initial piece of paper.\u003c/p>\n\u003cp>“If part of that is being shaped by AI, it raises some real concerns about whether we can rely on it,” Ferguson said. The potential for error or bias introduced by AI is still being studied. But, he added, law enforcement leaders have an understandable desire to improve efficiency.\u003c/p>\n\u003cfigure id=\"attachment_12006137\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg?ver=1727233046\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006137\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg\" alt=\"A woman wearing a pink shirt stands in front of a man and woman dressed in police uniforms.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers Wendy Venegas (left) and Spencer Lawrence take a statement from a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Axon is marketing its Draft One tool as a force multiplier, which is attractive to many police departments struggling to recruit and retain officers, a \u003ca href=\"https://www.theiacp.org/sites/default/files/239416_IACP_RecruitmentBR_HR_0.pdf\">crisis\u003c/a> that many in law enforcement say was exacerbated by the murder of George Floyd and the subsequent protests.\u003c/p>\n\u003cp>“The pendulum is swinging, but many of them are still 15, 20% below their targeted force numbers,” Axon founder Rick Smith said on an August earnings call with shareholders. “And so that’s where we’re hearing this sort of magical feedback, where they’re like, ‘Man, with Draft One, if it’s freeing up 20, 25% of my officers’ day from writing reports, that’s almost like a 20% bump in my, in my force power overnight.’”\u003c/p>\n\u003cp>East Palo Alto Chief Jeff Liu said his agency isn’t immune to these staffing concerns. The department is budgeted for 36 sworn officers, including the chief, but he’s currently short eight positions. He doesn’t see Draft One as a turn-key solution but hopes it can help officers spend more time on the streets.\u003c/p>\n\u003cp>“If this AI is going to speed up the reports, but without compromising accuracy, I think it’s a win,” he said. East Palo Alto’s \u003ca href=\"https://d3n9y02raazwpg.cloudfront.net/cityofepa/0b769671-d804-11ee-98bb-0050569183fa-3408cd31-ecd7-4429-9d91-65986d552499-1721442774.pdf\">contract\u003c/a> shows Draft One costs the city about $70 per body camera per month or about $40,000 per year.\u003c/p>\n\u003cfigure id=\"attachment_12006138\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006138\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\" alt=\"The torso of a person dressed in a police uniform holds a hand over a body camera.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas’ Axon body camera in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Liu said while he doesn’t write many reports these days, he does use Chat GPT to draft social media posts and even condolence letters, which he then customizes in his own voice. Working with the popular AI chatbot made him more open to Draft One, he said. Draft One uses the same underlying AI as \u003ca href=\"https://openai.com/index/chatgpt/\">Chat GPT\u003c/a>, but departmental data is stored on a secure government cloud service developed by Microsoft.\u003c/p>\n\u003cp>Axon is not the only company that offers this service. \u003ca href=\"https://truleo.co/\">Truleo\u003c/a> — a company that uses AI to analyze vast swaths of bodycam footage to make sure officers are acting professionally — offers a similar report-writing program, but it hasn’t been marketed or adopted as widely as Axon’s Draft One.\u003c/p>\n\u003cp>In nearby Santa Clara County, Campbell police Capt. Ian White said that in his department’s first month of testing Draft One, officers said it saved them about 50 hours overall. The police department in Fort Collins, Colorado, found that, on average, reports written with Draft One were produced in eight minutes, while those not using the software took 23 minutes.\u003c/p>\n\u003cp>But the first independent \u003ca class=\"c-link\" href=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" data-sk=\"tooltip_parent\">study\u003c/a> of the Draft One software published this week in The Journal of Experimental Criminology, did not corroborate the time savings that White and others reported. Researchers at the University of South Carolina did a randomized controlled trial with a New Hampshire police department over the past year, which found officers who used Draft One didn’t write reports any faster than those in the control group.\u003c/p>\n\u003cp>Assistant Professor Ian Adams, who led the study, said he can’t yet draw conclusions about why there were no time-savings — he and his colleagues are still looking into that — but he said the results surprised him. He also cautioned against giving his findings too much weight. “It is in one agency, about one outcome at one point in time,” Adams said.\u003c/p>\n\u003cp>His team is still researching whether there could be other benefits like accuracy or completeness. If technology like Draft One can produce better-written reports, he said, “maybe they get returned for editing or revision less [often], and so you could maybe see systemic savings.”\u003c/p>\n\u003cfigure id=\"attachment_12006142\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg?ver=1727270167\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006142\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based software to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officer Venegas in East Palo Alto said the program helps her overcome writer’s block, especially after a long day on patrol. She can just push the Draft One button on her computer, and a narrative based on the audio transcript of her bodycam footage appears within seconds.\u003c/p>\n\u003cp>“When you don’t know what words you’re trying to write, and then you just look, and you’re like, ‘Oh, that’s exactly what I was thinking!’ That’s the best,” she said. Draft One is also changing the way she works in the field. Because the report is based on the audio transcript, Venegas said she will purposefully talk about what is happening during an incident.\u003c/p>\n\u003cp>“I’ll be like, ‘Did you see that? The mirror is broken,’” Venegas said. “‘Did you see that? There’s stuff on the floor. The knife, the bloody knife, is on the floor.’”\u003c/p>\n\u003cp>Axon product designer Noah Spitzer-Williams said this was one of the most surprising and fascinating side-effects of the software: it incentivizes officers to be more verbal overall, even talking into their camera’s microphone to provide context — like the parole status of a subject or whether a weapon has been reported before arriving at a scene — so the audio transcript contains key details that Draft One puts in the report.\u003c/p>\n\u003cp>“Then, during the interaction, the officer is asking more questions,” Spitzer-Williams said. “They’re echoing back statements like, ‘Okay, Jimmy. You’re giving me consent to search your backpack.’”\u003c/p>\n\u003cp>Spitzer-Williams said this also helps community relations because officers are explaining what they’re doing and why.\u003c/p>\n\u003cp>But \u003ca href=\"https://www.aclu.org/news/privacy-technology/acting-and-directing-police-cameras\">research\u003c/a> by the American Civil Liberties Union shows the ways officers’ real-time narration has also been used to manipulate evidence. A common example is when officers shout “stop resisting” to justify use of force even when the individual is complying. Axon’s Spitzer-Williams said he doesn’t believe Draft One will make this “real concern” any worse.\u003c/p>\n\u003cp>Spitzer-Williams also pointed to an Axon \u003ca href=\"https://a.storyblok.com/f/198504/x/7a83779017/axon_marketing_draft-one_double-blind-study_fnl.pdf\">study\u003c/a> that found reports written by the software tended to use less biased language than reports written by officers.\u003c/p>\n\u003cp>Back in a conference room at the East Palo Alto Police Department, Venegas read from her AI-generated report. “September 23, 2024, at approximately 10:49, I, Officer Venegas, responded to a call for service involving a minor and a domestic disturbance.’”\u003c/p>\n\u003cp>The program produced a good rough draft, she said, but it has some limitations. At this point, Draft One only understands English, so it got some things wrong, like who was speaking and who was related to whom.\u003c/p>\n\u003cp>“Sometimes it makes small mistakes like that,” Venegas said, “Which are easy to correct.”\u003c/p>\n\u003cfigure id=\"attachment_12006139\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006139\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\" alt=\"Three people dressed in police uniforms stand around outside next to a man with a white t-shirt.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers (from left) Guadalupe Juarez, Spencer Lawrence and Wendy Venegas speak with a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some in the criminal justice sector said these seemingly small mistakes point to bigger questions of authorship, which can become critical in the adjudication process. Dr. Matthew Guariglia, a policy analyst for the Electronic Frontier Foundation, said he’s concerned these reports are “going to destroy the ability to cross-examine officers. Because if an officer is caught in a lie on the stand, they can always just say, ‘Well, the AI wrote that.’” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Capt. Ian White of the Campbell Police Department, which has been using the software since May, said his department’s policy ensures officers take responsibility for authoring the reports produced by Draft One. Even if an officer “screwed up” and an error was introduced into the report, he said, it should be easily resolvable by reviewing what he called the “gold standard” of evidence: the bodycam video.\u003c/p>\n\u003cp>“There’s error in any human activity,” White said. He thinks AI will make things more accurate, not less.\u003c/p>\n\u003cp>San Mateo County Assistant District Attorney Rebecca Baum, who has been talking with East Palo Alto and San Mateo police departments about their shift toward AI-assisted reports, said her office is cautiously optimistic about the new program. Her chief concern is that body cameras, and especially body camera audio, don’t capture everything that happens during an incident.\u003c/p>\n\u003cp>“Witness demeanor, if someone’s under the influence of drugs or alcohol, if there’s injuries,” Baum said, “this is not coming through from an audio recording of the body camera.”\u003c/p>\n\u003cfigure id=\"attachment_12007590\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007590\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\" alt=\"An image of a computer screen with text highlighted in blue.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews the draft report generated by Axon Draft One’s based on the audio from her body camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officers need to remain very engaged in the process of writing these reports, Baum said, so they don’t leave something out — particularly information that shows a person might be innocent, which prosecutors have a duty to turn over.\u003c/p>\n\u003cp>For its part, Axon has also built a number of safeguards into the application to ensure that an officer goes through the report in detail to proofread it and make sure it’s accurate.\u003c/p>\n\u003cp>On the computer screen, Officer Venegas demonstrated how each paragraph of the report includes comments that need to be resolved before she can move the report out of Draft One and into the departmental system.\u003c/p>\n\u003cp>And at the very bottom of the screen, Venegas pointed to a box she has to click, a final step that Spitzer-Williams, of Axon, said is “arguably the most important,” given the potential ramifications of each report.\u003c/p>\n\u003cp>“I acknowledge that this report was generated using Draft One by Axon,” Venegas read aloud. “And that I further acknowledge that I have viewed the report in detail, made any necessary edits, and believe it to be an accurate representation of my recollection of the reported events. If needed, I’m willing to testify to the accuracy of this report.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story is a collaboration between \u003ca href=\"https://www.kqed.org/\">KQED\u003c/a>, The Guardian US, and the \u003ca href=\"https://www.kqed.org/californianewsroom\">California Newsroom\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Last week, the San Francisco Police Department debuted three new surveillance units in high-incident neighborhoods in hopes of deterring crime and appeasing residents who have long complained about issues like open-air drug dealing and prostitution-related incidents.\u003c/p>\n\u003cp>Each surveillance unit is 22 feet tall with three cameras affixed to the top and features blue strobe lights that flash 24–7.\u003c/p>\n\u003cp>“I have not been sleeping well, like at all,” said Parks Dunlap, who lives in the Mission District and said the lights flash directly into their bedroom. “I have (traumatic brain injury) symptoms from a bad car accident that happened a few years ago that make flashing, bright lights really hard for me.”\u003c/p>\n\u003cp>The surveillance units are part of a recent effort by the San Francisco Police Department to ramp up public safety programs in light of the \u003ca href=\"https://www.kqed.org/news/11978707/san-francisco-moderates-win-big\">passage of Proposition E\u003c/a>, which gives law enforcement officers more access to technology to address public safety concerns.\u003c/p>\n\u003cp>“We are in the tech capital of the world here in Silicon Valley, and we have to make sure that we are not behind the curve in using technology to our full advantage,” San Francisco District Attorney Brooke Jenkins said at a recent press conference \u003ca href=\"https://www.kqed.org/news/12004882/san-francisco-to-deploy-mobile-surveillance-units-in-latest-expansion-of-police-tech\">announcing the new units\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>According to SFPD, three units have been installed in the city so far, located at 21st and Shotwell streets, Market and 7th at UN Plaza, and Folsom and 8th. The department said it’s planning to install more but did not disclose where and when.\u003c/p>\n\u003cp>“We are procuring more units and identifying the best locations where they will have maximum impact,” Evan Sernoffsky, SFPD’s communications director, said.\u003c/p>\n\u003cp>In addition to the bright lights, Dunlap worries about their privacy, given that the three cameras affixed to the unit look directly into their apartment.\u003c/p>\n\u003cp>“I know that our neighbors have ring cameras and things, but to have a large surveillance camera show up right outside your living room that can see into your living room and your bedroom at night — it’s upsetting, and it’s frustrating,” they said.\u003c/p>\n\u003cp>Dunlap said they’re working to install curtains as soon as possible. They said they contacted SFPD to complain about the new unit, and the department said it’s looking into dimming the lights.\u003c/p>\n\u003cp>A group of Dunlap’s neighbors is currently suing the city for its alleged failure to enforce laws against sex trafficking, calling it a “public nuisance.” Residents brought the lawsuit after San Francisco officials put up bollards to deter sex work on Capp Street in the Mission District, which then pushed workers a couple of blocks over.\u003c/p>\n\u003cp>These surveillance units are the department’s latest response to those concerns.\u003c/p>\n\u003cp>“Neighbors in these areas have communicated to the SFPD about a need to address issues like drug dealing, prostitution-related crime and other criminal activity,” Sernoffsky said. “We are doing everything in our power to reduce crime in the city, including using new technology under Prop. E.”\u003c/p>\n\u003cp>Some neighbors praised the department for taking action.\u003c/p>\n\u003cp>“I applaud the city for trying something,” Beth Miles, who lives on Shotwell Street, said. “I’m upset with some of my neighbors who are up in arms about it because we have to try something.”\u003c/p>\n\u003cp>Miles said since she moved into her house last year, the city has failed to enforce its laws against sex trafficking on her street.\u003c/p>\n\u003cp>“The city has put up this blind-eye approach to let whatever happens on Shotwell happen,” she said. “We know what’s happening on Shotwell. It’s in plain view.”\u003c/p>\n\u003cp>As far as whether the surveillance units are working to deter criminal activity, Miles said it’s too soon to tell.\u003c/p>\n\u003cp>SFPD said they have not directly led to any arrests but are another helpful tool to deter and respond to crime.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“They are a strong deterrent and work in conjunction with our other technology,” Sernoffsky said. “When we make arrests, they may be one contributing factor and not the only tool we use.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last week, the San Francisco Police Department debuted three new surveillance units in high-incident neighborhoods in hopes of deterring crime and appeasing residents who have long complained about issues like open-air drug dealing and prostitution-related incidents.\u003c/p>\n\u003cp>Each surveillance unit is 22 feet tall with three cameras affixed to the top and features blue strobe lights that flash 24–7.\u003c/p>\n\u003cp>“I have not been sleeping well, like at all,” said Parks Dunlap, who lives in the Mission District and said the lights flash directly into their bedroom. “I have (traumatic brain injury) symptoms from a bad car accident that happened a few years ago that make flashing, bright lights really hard for me.”\u003c/p>\n\u003cp>The surveillance units are part of a recent effort by the San Francisco Police Department to ramp up public safety programs in light of the \u003ca href=\"https://www.kqed.org/news/11978707/san-francisco-moderates-win-big\">passage of Proposition E\u003c/a>, which gives law enforcement officers more access to technology to address public safety concerns.\u003c/p>\n\u003cp>“We are in the tech capital of the world here in Silicon Valley, and we have to make sure that we are not behind the curve in using technology to our full advantage,” San Francisco District Attorney Brooke Jenkins said at a recent press conference \u003ca href=\"https://www.kqed.org/news/12004882/san-francisco-to-deploy-mobile-surveillance-units-in-latest-expansion-of-police-tech\">announcing the new units\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to SFPD, three units have been installed in the city so far, located at 21st and Shotwell streets, Market and 7th at UN Plaza, and Folsom and 8th. The department said it’s planning to install more but did not disclose where and when.\u003c/p>\n\u003cp>“We are procuring more units and identifying the best locations where they will have maximum impact,” Evan Sernoffsky, SFPD’s communications director, said.\u003c/p>\n\u003cp>In addition to the bright lights, Dunlap worries about their privacy, given that the three cameras affixed to the unit look directly into their apartment.\u003c/p>\n\u003cp>“I know that our neighbors have ring cameras and things, but to have a large surveillance camera show up right outside your living room that can see into your living room and your bedroom at night — it’s upsetting, and it’s frustrating,” they said.\u003c/p>\n\u003cp>Dunlap said they’re working to install curtains as soon as possible. They said they contacted SFPD to complain about the new unit, and the department said it’s looking into dimming the lights.\u003c/p>\n\u003cp>A group of Dunlap’s neighbors is currently suing the city for its alleged failure to enforce laws against sex trafficking, calling it a “public nuisance.” Residents brought the lawsuit after San Francisco officials put up bollards to deter sex work on Capp Street in the Mission District, which then pushed workers a couple of blocks over.\u003c/p>\n\u003cp>These surveillance units are the department’s latest response to those concerns.\u003c/p>\n\u003cp>“Neighbors in these areas have communicated to the SFPD about a need to address issues like drug dealing, prostitution-related crime and other criminal activity,” Sernoffsky said. “We are doing everything in our power to reduce crime in the city, including using new technology under Prop. E.”\u003c/p>\n\u003cp>Some neighbors praised the department for taking action.\u003c/p>\n\u003cp>“I applaud the city for trying something,” Beth Miles, who lives on Shotwell Street, said. “I’m upset with some of my neighbors who are up in arms about it because we have to try something.”\u003c/p>\n\u003cp>Miles said since she moved into her house last year, the city has failed to enforce its laws against sex trafficking on her street.\u003c/p>\n\u003cp>“The city has put up this blind-eye approach to let whatever happens on Shotwell happen,” she said. “We know what’s happening on Shotwell. It’s in plain view.”\u003c/p>\n\u003cp>As far as whether the surveillance units are working to deter criminal activity, Miles said it’s too soon to tell.\u003c/p>\n\u003cp>SFPD said they have not directly led to any arrests but are another helpful tool to deter and respond to crime.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“They are a strong deterrent and work in conjunction with our other technology,” Sernoffsky said. “When we make arrests, they may be one contributing factor and not the only tool we use.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A federal judge on Thursday found that San Francisco’s sheriff has routinely violated a court order that prohibits warrantless searches of people released from jail who are awaiting trial and warned that the city could be held in contempt if the practice continues.\u003c/p>\n\u003cp>The \u003ca href=\"https://storage.courtlistener.com/recap/gov.uscourts.cand.401001/gov.uscourts.cand.401001.111.0.pdf\">ruling\u003c/a> came in response to a class-action case filed against San Francisco and its sheriff, Paul Miyamoto, in 2022 by the American Civil Liberties Union of Northern California. The lawsuit alleges that the electronic monitoring program overseen by the sheriff violates the Fourth Amendment of the U.S. Constitution when it requires defendants to consent to searches without warrants or probable cause, even in cases when judges don’t impose what’s called a “search condition.”\u003c/p>\n\u003cp>The case also challenges the sheriff’s practice of sharing with other law enforcement agencies GPS data from people released pretrial whose location is tracked with electronic ankle monitors.\u003c/p>\n\u003cp>“We want to make sure that the Sheriff’s [Department] is not unilaterally exercising authority that does not belong to it in order to increase its ability to surveil and search people in San Francisco,” Emi Young, an ACLU NorCal attorney, said in an interview on Thursday.\u003c/p>\n\u003cp>U.S. District Judge Jon S. Tigar \u003ca href=\"https://www.law360.com/articles/1797565/san-francisco-s-ankle-monitor-rules-put-on-hold\">issued a preliminary injunction\u003c/a> earlier this year prohibiting the Sheriff’s Office from continuing to enforce the warrantless search conditions and sharing locations of pretrial defendants.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Despite that order, however, the judge found that the Sheriff’s Department had not stopped imposing their intensive search conditions, which violated the court order.\u003c/p>\n\u003cp>[aside label=\"more criminal justice stories\" tag=\"criminal-justice\"]In Thursday’s ruling, Tigar noted that the sheriff had violated the preliminary injunction in two different ways. He pointed to statements from San Francisco trial judges that said they imposed a search condition only because it is a “prerequisite for electronic monitoring” under the sheriff’s program. And in other cases when judges didn’t order a search condition, the sheriff imposed one anyway, according to Tigar’s ruling.\u003c/p>\n\u003cp>Those practices hindered San Francisco trial judges from exercising their discretion when releasing defendants facing criminal charges, Tigar added. He noted that the sheriff’s policies pushing the court to issue intensive search conditions are in violation of the “spirit” of the injunction originally issued.\u003c/p>\n\u003cp>“To the extent Defendants have been uncertain about whether their conduct violated the Court’s order, that uncertainty has now been resolved,” Tigar wrote in his scathing ruling on Thursday. He stopped short of moving to hold San Francisco in contempt but invited plaintiffs to “renew their request for the Court to begin contempt proceedings” if the city continues to defy the preliminary injunction.\u003c/p>\n\u003cp>Tigar said during the hearing that despite San Francisco’s attempt to appeal the preliminary injunction, his order is “still the law” and that the defendants are required to adhere to it.\u003c/p>\n\u003cp>The Sheriff’s Department declined to comment.\u003c/p>\n\u003cp>During the hearing, an attorney for the plaintiffs requested that the judge order the Sheriff’s Department to file a report with the information of every person who had been detained while on pretrial electronic monitoring without a court-ordered search condition. The judge denied the request but noted that the plaintiffs could request such information at a later point in the case.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“One of the fundamental principles of constitutional law is that when it comes to decisions about whether your rights are going to be curtailed or whether you’re going to be subjected to certain kinds of searches and surveillance, that those decisions are going to be made by a neutral decision maker,” said Young, the ACLU attorney. “It’s very concerning to us when law enforcement agencies like the sheriff go beyond what they have been authorized to do by the court in order to conduct their own surveillance regime.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge on Thursday found that San Francisco’s sheriff has routinely violated a court order that prohibits warrantless searches of people released from jail who are awaiting trial and warned that the city could be held in contempt if the practice continues.\u003c/p>\n\u003cp>The \u003ca href=\"https://storage.courtlistener.com/recap/gov.uscourts.cand.401001/gov.uscourts.cand.401001.111.0.pdf\">ruling\u003c/a> came in response to a class-action case filed against San Francisco and its sheriff, Paul Miyamoto, in 2022 by the American Civil Liberties Union of Northern California. The lawsuit alleges that the electronic monitoring program overseen by the sheriff violates the Fourth Amendment of the U.S. Constitution when it requires defendants to consent to searches without warrants or probable cause, even in cases when judges don’t impose what’s called a “search condition.”\u003c/p>\n\u003cp>The case also challenges the sheriff’s practice of sharing with other law enforcement agencies GPS data from people released pretrial whose location is tracked with electronic ankle monitors.\u003c/p>\n\u003cp>“We want to make sure that the Sheriff’s [Department] is not unilaterally exercising authority that does not belong to it in order to increase its ability to surveil and search people in San Francisco,” Emi Young, an ACLU NorCal attorney, said in an interview on Thursday.\u003c/p>\n\u003cp>U.S. District Judge Jon S. Tigar \u003ca href=\"https://www.law360.com/articles/1797565/san-francisco-s-ankle-monitor-rules-put-on-hold\">issued a preliminary injunction\u003c/a> earlier this year prohibiting the Sheriff’s Office from continuing to enforce the warrantless search conditions and sharing locations of pretrial defendants.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In Thursday’s ruling, Tigar noted that the sheriff had violated the preliminary injunction in two different ways. He pointed to statements from San Francisco trial judges that said they imposed a search condition only because it is a “prerequisite for electronic monitoring” under the sheriff’s program. And in other cases when judges didn’t order a search condition, the sheriff imposed one anyway, according to Tigar’s ruling.\u003c/p>\n\u003cp>Those practices hindered San Francisco trial judges from exercising their discretion when releasing defendants facing criminal charges, Tigar added. He noted that the sheriff’s policies pushing the court to issue intensive search conditions are in violation of the “spirit” of the injunction originally issued.\u003c/p>\n\u003cp>“To the extent Defendants have been uncertain about whether their conduct violated the Court’s order, that uncertainty has now been resolved,” Tigar wrote in his scathing ruling on Thursday. He stopped short of moving to hold San Francisco in contempt but invited plaintiffs to “renew their request for the Court to begin contempt proceedings” if the city continues to defy the preliminary injunction.\u003c/p>\n\u003cp>Tigar said during the hearing that despite San Francisco’s attempt to appeal the preliminary injunction, his order is “still the law” and that the defendants are required to adhere to it.\u003c/p>\n\u003cp>The Sheriff’s Department declined to comment.\u003c/p>\n\u003cp>During the hearing, an attorney for the plaintiffs requested that the judge order the Sheriff’s Department to file a report with the information of every person who had been detained while on pretrial electronic monitoring without a court-ordered search condition. The judge denied the request but noted that the plaintiffs could request such information at a later point in the case.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“One of the fundamental principles of constitutional law is that when it comes to decisions about whether your rights are going to be curtailed or whether you’re going to be subjected to certain kinds of searches and surveillance, that those decisions are going to be made by a neutral decision maker,” said Young, the ACLU attorney. “It’s very concerning to us when law enforcement agencies like the sheriff go beyond what they have been authorized to do by the court in order to conduct their own surveillance regime.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The chief investigator for \u003ca href=\"https://www.kqed.org/news/tag/oakland\">Oakland\u003c/a>’s public watchdog has announced his resignation, citing a “long-term” failure to provide the independent panel with necessary resources even as it probes a number of \u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\">high-profile ethics allegations\u003c/a>.\u003c/p>\n\u003cp>Simon Russell, who has worked on Oakland’s Public Ethics Commission for eight years, including two as its chief enforcement officer, told commission leaders in a letter last week that he will resign in late October.\u003c/p>\n\u003cp>His resignation is due to both personal and “structural” circumstances, the primary being a lack of staffing resources that he believes is “largely deliberate,” according to the letter, first obtained by \u003ca href=\"https://oaklandside.org/2024/09/25/oaklands-chief-ethics-investigator-quits/\">\u003cem>Oaklandside\u003c/em>\u003c/a> and viewed by KQED.\u003c/p>\n\u003cp>“For several years, I have worked long hours far beyond what is reported on my timecard, attempting to do almost single-handedly what other agencies employ entire teams of attorneys and investigators to accomplish,” Russell wrote in the letter. “I persisted in this because I genuinely cared about doing whatever I could to combat the serious bribery, campaign finance exploitation, and other corruption that was undermining the great people of Oakland’s democratic rights.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The PEC’s enforcement department is just two people, and as of its September report, the commission had 140 open complaints, according to executive director Nicolas Heidorn.\u003c/p>\n\u003cp>“Chief Russell’s service to the Commission and people of Oakland was exceptional,” Heidorn said in an email. “This is a big loss for the Commission and underscores the urgent need for additional enforcement resources for the Commission.”\u003c/p>\n\u003cp>Russell said in his letter that the city has “continually failed to allocate any meaningful additional resources” to the enforcement division despite his repeated attempts to highlight the understaffing issues.\u003c/p>\n\u003cp>“I can only conclude that this failure is largely deliberate, even despite (or perhaps because of) the considerable public interest in our cases that have been brought partially to light,” he wrote.\u003c/p>\n\u003cp>[aside postID=news_12005223 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/230802-OAKLAND-CITY-HALL-MHN-02_qed-1020x680.jpg']\u003c/p>\n\u003cp>In recent months, the PEC has been involved in multiple high-profile probes, including the investigation into an alleged campaign contribution laundering scheme linked to members of the Duong family, the politically connected owners of California Waste Solutions, Oakland’s curbside recycling provider. Attention to the case was reinvigorated in June \u003ca href=\"https://www.kqed.org/news/11992073/oakland-fbi-raids-and-straw-donor-probe-spur-allegations-of-corruption\" target=\"_blank\" rel=\"noopener\">after the FBI raided a location associated with California Waste Solutions\u003c/a>, along with the homes of the company’s founder, David Duong, and his son, Andy Duong, as well as Mayor Sheng Thao.\u003c/p>\n\u003cp>In a declaration filed in a case the PEC brought against one of the alleged straw donors in 2020, Russell alleged that multiple people told him they had received cash from Andy Duong in exchange for checks to political campaigns.\u003c/p>\n\u003cp>Together, members of the Duong family and its company have faced \u003ca href=\"https://www.kqed.org/news/11992073/oakland-fbi-raids-and-straw-donor-probe-spur-allegations-of-corruption\">accusations\u003c/a> that they funneled tens of thousands of dollars through straw donors to various campaigns, including nearly $10,000 to Thao’s 2018 City Council run.\u003c/p>\n\u003cp>In May, the PEC opened an investigation into Oakland United to Recall Sheng Thao, or OUST, the campaign to recall Oakland’s mayor.\u003c/p>\n\u003cp>Russell\u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\"> filed a complaint\u003c/a> alleging that OUST was using a recently formed nonprofit and political action committee, Foundational Oakland Unites, as a pass-through to obscure the source of some donations in violation of campaign finance reporting laws.\u003c/p>\n\u003cp>Russell’s last day with the PEC will be Oct. 25. The commission aims to hire a new enforcement chief as soon as possible, Heidorn said, adding that the ability to allocate additional funds to the enforcement division lies with the mayor and City Council.\u003c/p>\n\u003cp>In November, Oakland residents will vote on \u003ca href=\"https://www.kqed.org/voterguide/alameda/measures#measure-oo\">Measure OO\u003c/a>, which, if passed, would increase the commission’s staffing requirements to include an additional ethics investigator by July 2026 amid other reforms.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The chief investigator for \u003ca href=\"https://www.kqed.org/news/tag/oakland\">Oakland\u003c/a>’s public watchdog has announced his resignation, citing a “long-term” failure to provide the independent panel with necessary resources even as it probes a number of \u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\">high-profile ethics allegations\u003c/a>.\u003c/p>\n\u003cp>Simon Russell, who has worked on Oakland’s Public Ethics Commission for eight years, including two as its chief enforcement officer, told commission leaders in a letter last week that he will resign in late October.\u003c/p>\n\u003cp>His resignation is due to both personal and “structural” circumstances, the primary being a lack of staffing resources that he believes is “largely deliberate,” according to the letter, first obtained by \u003ca href=\"https://oaklandside.org/2024/09/25/oaklands-chief-ethics-investigator-quits/\">\u003cem>Oaklandside\u003c/em>\u003c/a> and viewed by KQED.\u003c/p>\n\u003cp>“For several years, I have worked long hours far beyond what is reported on my timecard, attempting to do almost single-handedly what other agencies employ entire teams of attorneys and investigators to accomplish,” Russell wrote in the letter. “I persisted in this because I genuinely cared about doing whatever I could to combat the serious bribery, campaign finance exploitation, and other corruption that was undermining the great people of Oakland’s democratic rights.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The PEC’s enforcement department is just two people, and as of its September report, the commission had 140 open complaints, according to executive director Nicolas Heidorn.\u003c/p>\n\u003cp>“Chief Russell’s service to the Commission and people of Oakland was exceptional,” Heidorn said in an email. “This is a big loss for the Commission and underscores the urgent need for additional enforcement resources for the Commission.”\u003c/p>\n\u003cp>Russell said in his letter that the city has “continually failed to allocate any meaningful additional resources” to the enforcement division despite his repeated attempts to highlight the understaffing issues.\u003c/p>\n\u003cp>“I can only conclude that this failure is largely deliberate, even despite (or perhaps because of) the considerable public interest in our cases that have been brought partially to light,” he wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In recent months, the PEC has been involved in multiple high-profile probes, including the investigation into an alleged campaign contribution laundering scheme linked to members of the Duong family, the politically connected owners of California Waste Solutions, Oakland’s curbside recycling provider. Attention to the case was reinvigorated in June \u003ca href=\"https://www.kqed.org/news/11992073/oakland-fbi-raids-and-straw-donor-probe-spur-allegations-of-corruption\" target=\"_blank\" rel=\"noopener\">after the FBI raided a location associated with California Waste Solutions\u003c/a>, along with the homes of the company’s founder, David Duong, and his son, Andy Duong, as well as Mayor Sheng Thao.\u003c/p>\n\u003cp>In a declaration filed in a case the PEC brought against one of the alleged straw donors in 2020, Russell alleged that multiple people told him they had received cash from Andy Duong in exchange for checks to political campaigns.\u003c/p>\n\u003cp>Together, members of the Duong family and its company have faced \u003ca href=\"https://www.kqed.org/news/11992073/oakland-fbi-raids-and-straw-donor-probe-spur-allegations-of-corruption\">accusations\u003c/a> that they funneled tens of thousands of dollars through straw donors to various campaigns, including nearly $10,000 to Thao’s 2018 City Council run.\u003c/p>\n\u003cp>In May, the PEC opened an investigation into Oakland United to Recall Sheng Thao, or OUST, the campaign to recall Oakland’s mayor.\u003c/p>\n\u003cp>Russell\u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\"> filed a complaint\u003c/a> alleging that OUST was using a recently formed nonprofit and political action committee, Foundational Oakland Unites, as a pass-through to obscure the source of some donations in violation of campaign finance reporting laws.\u003c/p>\n\u003cp>Russell’s last day with the PEC will be Oct. 25. The commission aims to hire a new enforcement chief as soon as possible, Heidorn said, adding that the ability to allocate additional funds to the enforcement division lies with the mayor and City Council.\u003c/p>\n\u003cp>In November, Oakland residents will vote on \u003ca href=\"https://www.kqed.org/voterguide/alameda/measures#measure-oo\">Measure OO\u003c/a>, which, if passed, would increase the commission’s staffing requirements to include an additional ethics investigator by July 2026 amid other reforms.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "sf-supervisors-advance-overhaul-of-much-criticized-office-for-sexual-assault-survivors",
"title": "SF Supervisors Advance Overhaul of Much-Criticized Office for Sexual Assault Survivors",
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"content": "\u003cp>\u003cem>Updated 4:50 p.m. Thursday\u003c/em>\u003c/p>\n\u003cp>Months after a \u003ca href=\"https://www.kqed.org/news/tag/san-francisco\">San Francisco\u003c/a> office that was envisioned as a guide to help survivors of sexual harassment and assault navigate city bureaucracy faced mounting \u003ca href=\"https://www.kqed.org/news/11985525/failures-of-sf-office-on-sexual-assault-complaints-draw-scrutiny\">criticism over its perceived lack of action\u003c/a>, a proposal to overhaul it is heading to the full Board of Supervisors.\u003c/p>\n\u003cp>First created in 2018, the Office of Sexual Harassment and Assault Response and Prevention, or SHARP, was also meant to hold the city accountable to the needs of survivors by proposing policy changes, requiring meetings between survivors and city officials in relevant office, and reporting on officials accused of not fulfilling their duties.\u003c/p>\n\u003cp>In May, a \u003ca href=\"https://www.sfchronicle.com/crime/article/sf-sharp-sex-assault-response-19429042.php\">\u003cem>San Francisco Chronicle\u003c/em> investigation\u003c/a> revealed that SHARP had not proposed any policy changes to some major city departments and could identify only a single meeting between a city employee and a survivor who filed a complaint.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>City leaders responded by \u003ca href=\"https://www.kqed.org/news/11987959/after-falling-short-sf-will-revamp-office-aimed-at-helping-sexual-assault-victims?fbclid=IwY2xjawFh9qhleHRuA2FlbQIxMQABHUK9vR16G_r1JVAa_jQTkiwPc4eZWqa_ViqFPjh3foFGRop_7QmxkNRGng_aem_2fe2KjOYcIYpKo-dBMZ3dw\">drafting a proposal to move the office\u003c/a> under the oversight of the newly created Mayor’s Office of Victim and Witness Rights, which aims to help victims of all types of crimes. Its current home, the Human Rights Commission, has since come under mounting scrutiny as its executive director resigned this month \u003ca href=\"https://www.kqed.org/news/12004687/mayor-breed-taps-new-sf-human-rights-director-as-misspending-scrutiny-intensifies\">amid allegations of misspending public funds\u003c/a>.\u003c/p>\n\u003cp>The proposal, introduced by Supervisor Catherine Stefani, also clarifies that the office must offer trauma-informed support for survivors who choose to report crimes to the police, including helping fill out police reports and accompanying them to interviews with law enforcement.\u003c/p>\n\u003cp>San Francisco supervisors in the Public Safety and Neighborhood Services Committee passed the proposal with a positive recommendation on Thursday morning. It is set to appear before the full board on Oct. 8.\u003c/p>\n\u003cp>[aside postID=news_12000114 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/240806-JacoboArraignment-14-BL_qed-1020x680.jpg']\u003c/p>\n\u003cp>Ivy Lee, the first director of the Office of Victim and Witness Rights, said her office is already preparing for the likely move, including focusing on confidentiality protections for survivors and spreading awareness about her new office and its capacities.\u003c/p>\n\u003cp>“What does the office do? What role does it play, and what can’t it do?” Lee said. “Because the last thing that we want is for a survivor to have to go on a wild goose chase, call different numbers, look up different websites to try to find the help that they need.”\u003c/p>\n\u003cp>However, some obstacles SHARP has faced in the past could carry over as well; chief among them is staffing.\u003c/p>\n\u003cp>SHARP only has two staff positions. The first, the role of director, is currently vacant, according to Lee. It had been filled as recently as May when SHARP came under scrutiny, but the Human Rights Commission did not respond to questions about the former director’s departure or whether it was related to the public criticisms of the office’s work.\u003c/p>\n\u003cp>The other position is a community engagement role, but that employee will also presumably have to do much of the work outlined above: going to interviews with survivors, helping fill out police reports and following up on cases. Lee called it a herculean task.\u003c/p>\n\u003cp>“There’s over 50 organizations alone in the city that provide direct services in that category,” Lee said. “So how is one person, even full-time, supposed to be engaging effectively, meaningfully with not just survivors directly and helping them and case managing those clients, and at the same time conducting all of the different community engagement?”\u003c/p>\n\u003cp>However, Lee added that understaffing is not something new to her.\u003c/p>\n\u003cp>“Any community-based direct service provider or nonprofit workers, you know you make do with what you have … you stretch every dime,” Lee said.\u003c/p>\n\u003cp>There’s also the matter of SHARP possibly moving under the oversight of a department that has yet to fully establish itself.\u003c/p>\n\u003cp>Lee was appointed the first director of the Mayor’s Office of Victim and Witness Rights in May. She said she worked her first day in late June and only gained access to the physical office space this month.\u003c/p>\n\u003cp>Two of the office’s four current positions are still empty, but Lee aims to fill them by January. If the proposal passes, Lee will also need to hire a new SHARP director. She said the process is like building a plane while you fly it.\u003c/p>\n\u003cp>“In the meantime, though, we are working with direct service providers already and advocates for survivors and victims of crimes already,” Lee said. “Any of the city agencies that can assist and provide services to and support survivors, we are already working with.”\u003c/p>\n\u003cp>\u003cem>Correction: A previous version of this story incorrectly reported that four of six positions in the Office of Victim and Worker Rights were vacant. Two of four positions are currently vacant, but that will increase to three of six if SHARP moves into OVWR. The story also mistakenly attributed the reform proposal to Supervisor Hillary Ronen instead of Supervisor Catherine Stefani.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4:50 p.m. Thursday\u003c/em>\u003c/p>\n\u003cp>Months after a \u003ca href=\"https://www.kqed.org/news/tag/san-francisco\">San Francisco\u003c/a> office that was envisioned as a guide to help survivors of sexual harassment and assault navigate city bureaucracy faced mounting \u003ca href=\"https://www.kqed.org/news/11985525/failures-of-sf-office-on-sexual-assault-complaints-draw-scrutiny\">criticism over its perceived lack of action\u003c/a>, a proposal to overhaul it is heading to the full Board of Supervisors.\u003c/p>\n\u003cp>First created in 2018, the Office of Sexual Harassment and Assault Response and Prevention, or SHARP, was also meant to hold the city accountable to the needs of survivors by proposing policy changes, requiring meetings between survivors and city officials in relevant office, and reporting on officials accused of not fulfilling their duties.\u003c/p>\n\u003cp>In May, a \u003ca href=\"https://www.sfchronicle.com/crime/article/sf-sharp-sex-assault-response-19429042.php\">\u003cem>San Francisco Chronicle\u003c/em> investigation\u003c/a> revealed that SHARP had not proposed any policy changes to some major city departments and could identify only a single meeting between a city employee and a survivor who filed a complaint.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>City leaders responded by \u003ca href=\"https://www.kqed.org/news/11987959/after-falling-short-sf-will-revamp-office-aimed-at-helping-sexual-assault-victims?fbclid=IwY2xjawFh9qhleHRuA2FlbQIxMQABHUK9vR16G_r1JVAa_jQTkiwPc4eZWqa_ViqFPjh3foFGRop_7QmxkNRGng_aem_2fe2KjOYcIYpKo-dBMZ3dw\">drafting a proposal to move the office\u003c/a> under the oversight of the newly created Mayor’s Office of Victim and Witness Rights, which aims to help victims of all types of crimes. Its current home, the Human Rights Commission, has since come under mounting scrutiny as its executive director resigned this month \u003ca href=\"https://www.kqed.org/news/12004687/mayor-breed-taps-new-sf-human-rights-director-as-misspending-scrutiny-intensifies\">amid allegations of misspending public funds\u003c/a>.\u003c/p>\n\u003cp>The proposal, introduced by Supervisor Catherine Stefani, also clarifies that the office must offer trauma-informed support for survivors who choose to report crimes to the police, including helping fill out police reports and accompanying them to interviews with law enforcement.\u003c/p>\n\u003cp>San Francisco supervisors in the Public Safety and Neighborhood Services Committee passed the proposal with a positive recommendation on Thursday morning. It is set to appear before the full board on Oct. 8.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ivy Lee, the first director of the Office of Victim and Witness Rights, said her office is already preparing for the likely move, including focusing on confidentiality protections for survivors and spreading awareness about her new office and its capacities.\u003c/p>\n\u003cp>“What does the office do? What role does it play, and what can’t it do?” Lee said. “Because the last thing that we want is for a survivor to have to go on a wild goose chase, call different numbers, look up different websites to try to find the help that they need.”\u003c/p>\n\u003cp>However, some obstacles SHARP has faced in the past could carry over as well; chief among them is staffing.\u003c/p>\n\u003cp>SHARP only has two staff positions. The first, the role of director, is currently vacant, according to Lee. It had been filled as recently as May when SHARP came under scrutiny, but the Human Rights Commission did not respond to questions about the former director’s departure or whether it was related to the public criticisms of the office’s work.\u003c/p>\n\u003cp>The other position is a community engagement role, but that employee will also presumably have to do much of the work outlined above: going to interviews with survivors, helping fill out police reports and following up on cases. Lee called it a herculean task.\u003c/p>\n\u003cp>“There’s over 50 organizations alone in the city that provide direct services in that category,” Lee said. “So how is one person, even full-time, supposed to be engaging effectively, meaningfully with not just survivors directly and helping them and case managing those clients, and at the same time conducting all of the different community engagement?”\u003c/p>\n\u003cp>However, Lee added that understaffing is not something new to her.\u003c/p>\n\u003cp>“Any community-based direct service provider or nonprofit workers, you know you make do with what you have … you stretch every dime,” Lee said.\u003c/p>\n\u003cp>There’s also the matter of SHARP possibly moving under the oversight of a department that has yet to fully establish itself.\u003c/p>\n\u003cp>Lee was appointed the first director of the Mayor’s Office of Victim and Witness Rights in May. She said she worked her first day in late June and only gained access to the physical office space this month.\u003c/p>\n\u003cp>Two of the office’s four current positions are still empty, but Lee aims to fill them by January. If the proposal passes, Lee will also need to hire a new SHARP director. She said the process is like building a plane while you fly it.\u003c/p>\n\u003cp>“In the meantime, though, we are working with direct service providers already and advocates for survivors and victims of crimes already,” Lee said. “Any of the city agencies that can assist and provide services to and support survivors, we are already working with.”\u003c/p>\n\u003cp>\u003cem>Correction: A previous version of this story incorrectly reported that four of six positions in the Office of Victim and Worker Rights were vacant. Two of four positions are currently vacant, but that will increase to three of six if SHARP moves into OVWR. The story also mistakenly attributed the reform proposal to Supervisor Hillary Ronen instead of Supervisor Catherine Stefani.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The VTA employee accused of \u003ca href=\"https://www.kqed.org/news/12005918/south-bay-authorities-arrest-vta-employee-in-fatal-shooting-of-coworker\">fatally shooting his coworker\u003c/a> in a bus yard parking lot last week allegedly owed his victim thousands of dollars from bets on NFL and college football games, according to new details released by authorities on Wednesday.\u003c/p>\n\u003cp>At a hearing in Santa Clara County Superior Court on Wednesday afternoon, Duc Minh Bui, 33, was formally charged with one count of murder, which carries a potential sentence of 25 years to life if convicted.\u003c/p>\n\u003cp>The District Attorney’s Office also filed various criminal enhancements, including allegations that the crime involved “an attempted or actual taking or damage of great monetary value” and displayed “a high degree of cruelty, viciousness, or callousness.”\u003c/p>\n\u003cp>Bui’s attorney from the public defender’s office requested the case be continued on Dec. 10 at 9 a.m. Bui will remain in county jail without bail.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bui is accused of shooting Regulus Teotico, 45, a fellow bus driver, on Friday night in the employee parking lot of the VTA Chaboya bus yard in South San José. Both men, who were bus drivers for the transit agency, were San José residents.\u003c/p>\n\u003cp>According to a statement from Sheriff’s Office investigators, based on witness statements and security camera video footage, Bui allegedly shot Teotico multiple times while Teotico sat in the driver’s seat of his black Mercedes. The two had reportedly met so Bui could repay a debt.\u003c/p>\n\u003cp>Teotico told his friend days earlier that a coworker owed him money from betting on NFL and college football games.\u003c/p>\n\u003cp>[aside postID=news_12006410 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/Screenshot-2023-07-23-at-5.39.19-PM-e1690159469592-1020x679.png']\u003c/p>\n\u003cp>Less than an hour before his death, Teotico told a friend he was meeting with a coworker to collect money and asked the friend to accompany him to ensure the exchange went “smoothly,” according to investigators. That friend later called 911 to report the shooting on Friday night.\u003c/p>\n\u003cp>Around 9:30 p.m., however, Teotico’s friend was driving near the Chaboya bus yard, where he saw Teotico and another man speaking between two cars.\u003c/p>\n\u003cp>Teotico’s friend heard two to three “bangs” come from the parking lot and saw a white car parked next to Teotico’s vehicle drive past him, going southbound on South 7th Street toward Tully Road.\u003c/p>\n\u003cp>The friend followed the white car for a short time but then returned to the VTA parking lot to check on Teotico, who he found unresponsive and “slumped over backwards sitting in the driver’s seat with blood coming from his nose.”\u003c/p>\n\u003cp>Security camera footage from the VTA yard showed Bui and Teotico meeting at the rear of the Mercedes and looking into the trunk before Teotico closed it and went back to his driver’s seat.\u003c/p>\n\u003cp>Bui carried a black bag or folder in his left hand and had what appeared to be blue latex gloves, investigators said. When he walked to the front passenger door, he opened it, pulled a black firearm out of the bag and “fired several shots at Teotico.”\u003c/p>\n\u003cp>Detectives found three 40-caliber shell casings at the scene. A later search of Bui’s home turned up three guns registered to him, including two 40 caliber Glock-brand handguns.\u003c/p>\n\u003cp>Deputy District Attorney Michael Gilman said investigators are still looking into the firearms and plan to have crime labs analyze the weapons.\u003c/p>\n\u003cp>While the DA’s office is not currently alleging the murder was premeditated, Gilman said he feels the evidence will support that allegation, eventually, and the charge could be adjusted.\u003c/p>\n\u003cp>The money owed amounted to “thousands of dollars,” according to Gilman, but he didn’t offer a specific amount.\u003c/p>\n\u003cp>Earlier this week, VTA general manager Carolyn Gonot described Teotico as a “kind, hardworking driver who was well known amongst his colleagues.”\u003c/p>\n\u003cp>She said he was a father to two teenagers and that the VTA was “fortunate to have him as part of our staff for 10 years.”\u003c/p>\n\u003cp>The shooting of one VTA employee by another has stirred up painful trauma for many at the agency and in the community, officials said, as it came a little more than three and a half years after the May 2021 mass shooting at a VTA rail yard. In that shooting, a disgruntled VTA staffer fatally shot nine of his coworkers and then took his own life.\u003c/p>\n\u003cp>“We express our deepest condolences to the whole VTA community and the family of Mr. Teotico,” Gilman said. “We know that the VTA community is hurting. This is bringing back horrible memories from that horrible mass shooting.”\u003c/p>\n\u003cp>Gilman added that if any VTA workers need support, they can contact the agency’s Resiliency Center at 669-308-1475.\u003c/p>\n\u003cp>“There’s drop-in services, there’s mental health treatment groups to try to help move past both the original mass shooting and any horrible memories that are kind of brought back up because of this incident,” Gilman said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Less than an hour before his death, Teotico told a friend he was meeting with a coworker to collect money and asked the friend to accompany him to ensure the exchange went “smoothly,” according to investigators. That friend later called 911 to report the shooting on Friday night.\u003c/p>\n\u003cp>Around 9:30 p.m., however, Teotico’s friend was driving near the Chaboya bus yard, where he saw Teotico and another man speaking between two cars.\u003c/p>\n\u003cp>Teotico’s friend heard two to three “bangs” come from the parking lot and saw a white car parked next to Teotico’s vehicle drive past him, going southbound on South 7th Street toward Tully Road.\u003c/p>\n\u003cp>The friend followed the white car for a short time but then returned to the VTA parking lot to check on Teotico, who he found unresponsive and “slumped over backwards sitting in the driver’s seat with blood coming from his nose.”\u003c/p>\n\u003cp>Security camera footage from the VTA yard showed Bui and Teotico meeting at the rear of the Mercedes and looking into the trunk before Teotico closed it and went back to his driver’s seat.\u003c/p>\n\u003cp>Bui carried a black bag or folder in his left hand and had what appeared to be blue latex gloves, investigators said. When he walked to the front passenger door, he opened it, pulled a black firearm out of the bag and “fired several shots at Teotico.”\u003c/p>\n\u003cp>Detectives found three 40-caliber shell casings at the scene. A later search of Bui’s home turned up three guns registered to him, including two 40 caliber Glock-brand handguns.\u003c/p>\n\u003cp>Deputy District Attorney Michael Gilman said investigators are still looking into the firearms and plan to have crime labs analyze the weapons.\u003c/p>\n\u003cp>While the DA’s office is not currently alleging the murder was premeditated, Gilman said he feels the evidence will support that allegation, eventually, and the charge could be adjusted.\u003c/p>\n\u003cp>The money owed amounted to “thousands of dollars,” according to Gilman, but he didn’t offer a specific amount.\u003c/p>\n\u003cp>Earlier this week, VTA general manager Carolyn Gonot described Teotico as a “kind, hardworking driver who was well known amongst his colleagues.”\u003c/p>\n\u003cp>She said he was a father to two teenagers and that the VTA was “fortunate to have him as part of our staff for 10 years.”\u003c/p>\n\u003cp>The shooting of one VTA employee by another has stirred up painful trauma for many at the agency and in the community, officials said, as it came a little more than three and a half years after the May 2021 mass shooting at a VTA rail yard. In that shooting, a disgruntled VTA staffer fatally shot nine of his coworkers and then took his own life.\u003c/p>\n\u003cp>“We express our deepest condolences to the whole VTA community and the family of Mr. Teotico,” Gilman said. “We know that the VTA community is hurting. This is bringing back horrible memories from that horrible mass shooting.”\u003c/p>\n\u003cp>Gilman added that if any VTA workers need support, they can contact the agency’s Resiliency Center at 669-308-1475.\u003c/p>\n\u003cp>“There’s drop-in services, there’s mental health treatment groups to try to help move past both the original mass shooting and any horrible memories that are kind of brought back up because of this incident,” Gilman said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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},
"closealltabs": {
"id": "closealltabs",
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"order": 1
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"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"order": 9
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"meta": {
"site": "radio",
"source": "WNYC"
},
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"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
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"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
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"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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"npr": "https://www.npr.org/podcasts/432309616/perspectives",
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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