The Forensic Services Division of the Contra Costa County Office of the Sheriff was awarded $408,853.00 in grant funding from the California Office of Traffic Safety. The funding will be used to purchase a Liquid Chromatography Mass Spectrometer (LC-MS/MS).

The new equipment can detect illegal drugs, prescription drugs, and over-the-counter drugs commonly found in driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases. The addition of this equipment will enable the Sheriff’s Crime Laboratory to provide a higher level of service to the agencies in Contra Costa County and the criminal justice system.

“We are pleased to receive this grant from the Office of Traffic Safety,” said Contra Costa County Sheriff David O. Livingston. “This will increase our efficiency and enable us to provide rapid results to law enforcement and prosecutors on DUID cases in Contra Costa County.”

The purchase of the new instrument, training, and method validation are anticipated to take up to one year. Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Program promotes racial equity in prosecution and reducing the use of jails; only one of seven DA’s offices in the nation; will host six weekly podcast-styled video discussions beginning Wednesday

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced, Monday the next phase of work with the Vera Institute of Justice. The DA’s Office first partnered with Vera in 2018 to take a critical look at the inner workings of the office through a data driven focus. Vera’s Reshaping Prosecution program offers reform minded prosecutors to opportunity to analyze their own data, policies, and practices with a lens toward reducing racial disparities and mass incarceration, delivering justice, and pursuing public safety.

According to the organization’s website, “Vera is partnering with prosecutors to put their campaign promises into action as concrete, data-informed policies and practices.”

The website continues with, “Across the country empowered communities have demanded a new approach to criminal justice by electing prosecutors committed to change. Standing on forward-looking platforms including promises of bail reform, diversion, and ending mass incarceration, a new generation of prosecutors in Chicago, Philadelphia, Jacksonville, Orlando, Contra Costa, Denver, St. Louis and elsewhere are part of a small but growing cadre who understand what many Americans have also learned: that ‘tough on crime’ does not equal public safety.”

According to the organization’s Facebook page, it was founded in 1961 and “works to secure equal justice, end mass incarceration, and strengthen families and communities across America.”

The DA’s Office has shared data from the Office’s case management system from the time period of January 1, 2014 to July 30, 2019. Once the data and policy analysis are complete, Vera will present their findings and recommendations to DA Becton. After the findings have been analyzed internally and shared officewide, they will be publicly released.

“Our community is calling for a more transparent and equitable criminal justice system. I am excited to partner with Vera to work on those long-standing issues, especially around the analysis of our data. Data from any law enforcement agency tells a story,” Contra Costa County District Attorney Diana Becton stated. “We need this data analysis to improve our communication with the public and our law enforcement partners. As a former judge and now district attorney, I understand the systemic issues in our county with racial disparities. We must think critically about how best to improve our operations and work with our law enforcement partners to ensure our prosecutions are just. With this partnership with Vera, we can shine a light on our practices and make informed decisions to better protect the public.”

Contra Costa is one of only seven prosecution offices nationwide participating in the Reshaping Prosecution program. Each office will have a designated internal working group that will reflect on a range of topics including: a deeper dive into the historical role of the prosecutor, working with your community and exploring what justice looks like, and discussions around building group cohesiveness to lay the foundation for successful implementation of reforms.

“Vera applauds District Attorney Becton’s commitment to racial-equity and transparency,” said Jamila Hodge, Director of the Reshaping Prosecution Program at the Vera Institute of Justice. “Our partnership will address the disparities that have impacted Black, brown, and Indigenous communities in Contra Costa County by providing analysis and policy solutions, critical steps to reduce harm, rebuild trust, and deliver the safety and justice our communities deserve.”

Training and exposure to different ways of thinking is also an important component of the partnership. For six weeks, beginning October 7th, Vera will host a weekly podcast-styled video discussion series focused on why racial equity is integral to the prosecutorial role, and how prosecutors can center racial equity in decision making. The series will feature criminal justice experts from across the country who will cover a range of topics including: Origins of the Criminal Justice System; Centering Human Dignity; Accountability vs. Punishment; Restorative Justice; Community Well-Being; and Action Steps for Prosecutors.

Allen Payton contributed to this report.

Say “Hello” to more drugs on our streets

Antioch Residents,

I emailed you recently about Contra Costa County District Attorney’s surprise announcement requiring prosecutors to consider “need” before deciding whether to charge an individual with LOOTING. Last week, the DA made another disturbing announcement.

Individuals caught possessing smaller quantities of heroin, cocaine or methamphetamines WILL NOT BE CHARGED with a crime. UNBELIEVABLE. It gets worse. Actually, an individual can be caught three times in the span of a year and STILL NOT GET CHARGED for drug possession. (See related Herald article)

In effect, what the DA has done is legalize drugs in our county. I worry about how this might increase drug use among youth and increase crime in our City. I would be interested in your thoughts – please CLICK HERE to send me an email.

My opponent, Lamar Thorpe, is a huge supporter of the District Attorney’s policies and supported her re-election (click here for documentation). If elected, I worry that he will embrace policies that favor criminals, which would do more damage than not to our community.

Thank you for reading this message.

Dr. Sean Wright – Antioch Mayor

Publisher’s Note: This was received in our email on Sept. 21 but was inadvertently overlooked, until today.

Dear Editor:

My name is Sandra White, and I am running for Antioch City Council, District 4.  I want to make everyone aware of the current state of politics in the City of Antioch, and why I am running for office.

Some of our current City Council members are trying to defund the Antioch Police Department, use taxpayer dollars to put homeless in a hotel that is a stone’s throw away from residential neighborhoods and a school; and are trying to divide the residents of Antioch using race-baiting tactics to accomplish the election of candidates who will further the above agenda.

On September 8th, 2020, some Antioch residents received an email that appears to have come from my opponent in District 4.  It seems a candidate for mayor orchestrated a smear tactic directed at Mayor Wright, who came out against District Attorney Diana Becton’s undefined guidelines for the prosecution of looters.

In the article, my opponent implied Mayor Wright’s comments were somehow divisive because he disagreed with the DA’s allege pro-criminal approach to dealing with offenders in our community.  The smear piece suggests that the mayor’s statements were somehow based on DA Becton’s race and gender.  These types of divisive politics are toxic for Antioch, and things need to change.  As an African American woman, I am offended when people try to use race and gender to divide us, as my opponent alleges smear piece tried to do.

For the record, I am pro-police and believe the Antioch Police Department is understaffed.  I am currently a volunteer for the City of Antioch as the Chair of the Police Crime Prevention Commission.  I have met with many of you in my district to assist with making our neighborhoods safer.  When I am elected, I will be better positioned to make our entire community even safer.  I genuinely believe we do not need less police; we need more officers and mental health resources to assist our police department. Our understaff police department is inundated daily with calls that can be handled by a Crisis Prevention Unit.

The safety of you and your family will be my priority.  When I am elected to office, I will ensure our police department continues to model “Best Practices” within the Law Enforcement community. I stand with Mayor Wright and believe that after our police officers arrest criminals for victimizing our businesses, they should be held accountable and prosecuted.

Regarding our Homeless population, we all agree; there needs to be a solution.  Many of our homeless residents have mental health and drug/alcohol addiction issues. The only way the Homeless situation can drastically improve is by getting needed services and funding on a county and state level and laws and policy changes that allow families to intervene to get their loved ones help.  To suggest a Homeless hotel in a residential / school neighborhood (costing at least $1 million) without wrap-around services is reckless and a waste of your tax dollars!

We need to bring back businesses to Antioch taking the approach that our neighbors to the East and West have done.  Do you ever ask yourself why companies are not coming to Antioch? It is simple; we have crime and blight issues that are not my opponent’s concern and other members of the city council.  If we want to attract businesses, we need to lower our crime, beautify our city, and work with county and state officials to get our Homeless population to reduce the number of homeless residents.

If you are happy with Antioch’s current “status quo,” such as the conditions related to blight, low police staffing, increase in homelessness, and crime, then I am not the candidate for you.

We should all want our community in Antioch to become a positive change with a fully staffed police department, businesses returning to Antioch, a thoughtful and focused approach to reducing blight, homelessness, and quality of life issues. In that case, I am that candidate, and I hope you will vote for Sandra White, for Antioch City Council, District 4.

Sandra White

Candidate

Antioch City Council, District 4

 

Women Leaders Condemn Remarks by Antioch Mayor

Antioch, California — September 8, 2020 — Several women community leaders, including two Antioch city councilmembers, today condemned false accusations being spread by Mayor Sean Wright against Diana Becton, the county’s first elected woman, and Black district attorney, in his bid for reelection.

In an email sent to supporters last month, Wright claimed Becton created a policy that says it is OK for looters to steal items if they need them. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is ok for them to take that item without being charged,” he wrote. Wright included a photo of a Black man looting a store in Chicago in his email.

Wright shared a September 1, 2020 article by The Daily Wire, a conservative news and opinion website, that supported his accusation against Becton. However, since the article was published, Snopes, an independent fact-checking website, found claims made in the article and shared on other right-wing websites were false.

In June, Becton issued guidelines that encouraged prosecutors to make a distinction between thefts and burglaries that merely happen to take place during a state of emergency and lootings, which are “substantially motivated by” a state of emergency. Contrary to Wright’s claim, the guidelines do not advise prosecutors not to go ahead with a looting charge if a suspect was found to have been motivated by “personal need.”

“Frankly, I’m shocked by the mayor’s comments, especially since he is running on a platform to unite the community,” said Monica Wilson, Antioch’s first Black woman city councilmember. “Fearmongering and spreading lies to drum up votes are not how you unite a community, especially a community like Antioch, where the majority of residents are people of color.”

“For a mayor of a city this size, it is completely irresponsible to make a statement based on unverified information that is later proven false,” said Antioch Mayor Pro Tem Joyann Motts. “At a time when we are trying to bring the community together, this is very divisive.”

Wilson also condemned similar remarks recently made by Steve Aiello, president of the Antioch Police Officers Association. In a September 1, 2020 story published by EastCountyToday.net, Aiello accused Becton of being “reckless” by “picking and choosing the types of crimes” her office prosecutes.

“There is very clearly a double standard going on here,” Wilson said. “Our district attorney has done nothing wrong, yet she has gained nationwide attention for her actions simply because she is a Black woman in a position of leadership. Meanwhile, we have had elected men here in Contra Costa County embezzle money, make unwanted sexual advances, and say inappropriate things, and it barely registers a blip on the radar.”

Other local women leaders who were disappointed in Mayor Wright’s comments included Tamisha Walker, an East Bay activist. “When we find ourselves misunderstanding the actions that are being taken at this moment, it would be more productive to find common ground rather than inferring that the leadership of a woman of color is irresponsible and reckless,” Walker said. “Solidarity is what we need during this time, not separatism that could lead to harm in any form. Black women can lead consciously and with full integrity during these very difficult and unprecedented times.”

“The disturbing part is intentionally misinterpreting DA Becton’s stance for shock value,” said Carolyn Wysinger, an East Bay activist and Board Chair of San Francisco PRIDE. “The mayor wrote, ‘According to our DA, if the looters “need” an item in a retail shop, for example, it is ok for them to take that item without being charged. I don’t agree with this approach — do you?’ That is classic dog-whistle politics, and THAT’S what we are calling out.”

Courtney Masella-O’Brien, attorney and community activist, said the mayor’s comments were reckless. “At a time when tensions and division in our country and our county are at an all-time high, people need to be responsible and make sure they have their facts accurate and complete, especially when it comes to Contra Costa’s first Black and first woman DA,” she said.

Arianna Grady, an Antioch student activist, said Wright’s comments typified the type of undue scrutiny Black women often encounter. “My mother always taught me that there are two things already against you in this world: ‘You’re Black and that you are a woman.’” Grady said. “Every day, Black women and men suffer from hardships. When we have passion in our voices, we are labeled ‘aggressive.’ When our hair isn’t considered ‘professional,’ we are ‘ghetto.’”

“This certain situation goes to show the continuous hardship we face, which causes us to work ten times harder with only half the expected outcome,” Grady added. “Being a Black woman in politics has shown me how hard we have to work for what we want, as many odds are against us. In this particular situation, it goes to show that we should not be misread and blasted by our peers but understood. This situation should only make us all want to continue to fight for and vote in people who will fact check, understand, and seek to empower all.”

“In the 100 years since women fought and won the right to vote, we’ve made great strides,” said Susannah Meyer, another local activist. “Our mothers and grandmothers faced discrimination and challenged gender oppression so that we could vote for women in office and actually have hope that they would be elected to serve. In those 100 years, we have made great strides inequality for women and are living in a world our trailblazing ancestors could only imagine. But we have a long way to go.

“While women leaders and elected officials are still judged on anything other than their integrity, their achievements, and their ability to lead, we still have a long way to go,” Meyer said. “While we calmly accept being treated like our voices don’t matter so we aren’t seen as angry or defensive, we still have a long way to go. Our next generation of women, and the generation after that, will look back and thank us for continuing the fight for gender equality. And we will fight, because we’ve made great strides, but we still have a long way to go.”

References:

Sean Wright’s campaign email:

https://secure.campaigner.com/CSB/Public/archive.aspx?args=NDU5NTMyMDA%3D&acc=NzU5ODM5&fbclid=IwAR2s9TznAap7tm3YOAaHeE14JfULlNEdWdi6FMZKS5_7OJUK-v2VnYMQ4I4

Did a California DA Say Looting Is ‘Okay’ If Suspects ‘Need’ What They Steal?

https://www.snopes.com/fact-check/california-da-becton-looting-need/

Antioch Mayor Blasts Contra Costa District Attorney’s Policy on “Looters”

https://eastcountytoday.net/antioch-mayor-blasts-contra-costa-district-attorneys-policy-on-looters/

 

Votes for Measure X will now count; sales taxes in the county could go to 10.75%, highest in California; Glazer’s second tax increase measure on November ballot

By Allen Payton

On the last day possible, Gov. Gavin Newsom signed into law a variety of bills on Thursday, including SB1349 by State Senator Steve Glazer, allowing a countywide half-cent sales tax increase which is designated Measure X on the November ballot in Contra Costa. The votes on that measure will now count. Had the governor vetoed the bill the votes would not have counted. He also had the option of not signing it by the Sept. 30th deadline and the bill would have become law.

The ballot language for Measure X reads as follows: “To keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services, shall the Contra Costa County measure levying a ½ cent sales tax, exempting food sales, providing an estimated $81,000,000 annually for 20 years that the State cannot take, with funds benefitting County residents, be adopted?”

Glazer introduced the bill in the State Senate on February 21, 2020 focusing on “State responsibility area fire prevention fees”. He changed it to, “Transactions and use taxes: County of Contra Costa” on April 8, 2020 after the March Primary election was decided and the countywide additional half-cent sales tax increase for transportation failed.

It took some maneuvering in the State Senate Governance & Finance Committee to get the bill to the floor for a full vote. The bill first failed on a 3-2-2 vote on May 21. A motion to reconsider the bill then passed 7-0 on May 28 and a final committee vote was held on June 3 with just enough to pass by a vote of 4-2-1. It then passed the full Senate on June 11 by a vote of 27-11-2 with both Glazer and State Senator Nancy Skinner, who represents all of West County, voting in favor.

In the Assembly, Member Tim Grayson carried the bill which passed 48-23-8, with the other three Assemblymembers representing Contra Costa County, Jim Frazier, Rebecca Bauer-Kahan and Buffy Wicks not voting.

The Contra Costa County Public Managers Association was coordinating the effort to get the bill passed and the City Managers were the ones who endorsed it, not the various city councils.

The state has a sales tax rate of 7.25%, decreased from 7.5% on January 1, 2017, and state law prevented counties from charging more than 9.25% prior to the bill becoming law. That includes the half-cent sales tax for BART and the additional half-cent sales tax for transportation through the Contra Costa Transportation Authority. That leaves 1% remaining by which the county can increase its sales tax.

The Board of Supervisors considered a sales tax increase that would have only applied to unincorporated areas outside the 19 city limits. But that was quietly set aside.

According to the Senate Governance & Finance Committee Bill Analysis the earlier version of the bill that passed the Senate the first time, would have allowed a possible increase in the countywide sales tax rate to 11.75% in cities that already have a 1% sales tax such as in Antioch, and as high as 12.25% in El Cerrito which has a 1.5% city sales tax. However, the governor’s office said that went too far and the final bill was scaled back.

California’s sales tax rate is high compared to other states, especially when incorporating locally imposed district taxes. Tax experts argue that sales and use taxes are regressive, meaning that the tax incidence falls more on low-income individuals than high-income individuals because those of lesser means generally spend a greater percentage of their income on taxable sales, instead of intangible products or services which are not taxed.

By removing the current Contra Costa Transportation Authority and BART taxes as counting against the cap, in the final version of SB 1349, which passed the Senate the second time and signed by Newsom, allows an additional 1% of room for the county and each of its 19 cities to impose another district of up to 1% in sales tax. If voters approve the 1/2% allowed under Measure X, when it states that existing taxes do not count against the cap, the combined rate would increase to 8.75% countywide, plus any current city rates. The bill also grants Contra Costa County an additional authorization for another 1/2% sales tax increase, such as for the Contra Costa Transportation Authority, thereby boosting the maximum countywide rate to 9.25%, plus any current city rates.

That could result in a rate as high as 10.75% in the City of El Cerrito, where an additional 1.5% rate currently applies, and a 10.25% rate in the City of Antioch where they have a current 1% sales tax.

Glazer had the support of his bill from the California Labor Federation, California Professional Firefighters, California Teamsters Public Affairs Council, Contra Costa County Board of Supervisors, Contra Costa Transportation Authority, International Federation of Professional and Technical Engineers Local 21, Office and Professional Employees International Union Local 29, and SEIU California.

Those opposed to SB1349 were the Alliance of Contra Costa Taxpayers, California Taxpayers Association, Contra Costa County Taxpayers Association, Howard Jarvis Taxpayers Association and the Transportation Solutions Defense and Education Fund.

In spite of campaigning as a fiscal conservative, touting a hold the line approach to new taxes, this is Glazer’s second measure on the November ballot that will increase taxes if passed. The other is statewide Prop. 19, which will increase taxes on inherited homes or commercial property. According to Ballotpedia, “The ballot measure would eliminate the parent-to-child and grandparent-to-grandchild exemption in cases where the child or grandchild does not use the inherited property as their principal residence, such as using a property a rental house or a second home. When the inherited property is used as the recipient’s principal residence but has a market value above $1 million, an upward adjustment in assessed value would occur. The ballot measure would also apply these rules to certain farms. Beginning on February 16, 2023, the taxable value of an inherited principal residential property would be adjusted each year at a rate equal to the change in the California House Price Index.”

Following is the Legislative Counsel’s Digest and text of Glazer’s bill:

Senate Bill No. 1349

CHAPTER 369

An act to amend Section 29140 of the Public Utilities Code, and to amend Section 7291 of the Revenue and Taxation Code, relating to taxation.

[ Approved by Governor  September 30, 2020. Filed with Secretary of State  September 30, 2020. ]

LEGISLATIVE COUNSEL’S DIGEST

SB 1349, Glazer. Transactions and use taxes: County of Contra Costa.

Existing law authorizes various specified cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law. A provision of the Transactions and Use Tax Law prohibits the combined rate of all taxes that may be imposed in accordance with that law in a county from exceeding 2%.

Existing law authorizes the Contra Costa Transportation Authority to impose a transactions and use tax for the support of countywide transportation programs at a rate of no more than 0.5% that, in combination with other transactions and use taxes, exceeds the above-described combined rate limit of 2%, if certain requirements are met, including a requirement that the ordinance proposing the transactions and use tax be submitted to, and approved by, the voters. Existing law repeals this authorization on December 31, 2020, if an ordinance proposing a transactions and use tax has not been approved by that date.

Existing law, the San Francisco Bay Area Rapid Transit District Act, creates the San Francisco Bay Area Rapid Transit District, which comprises a territory that includes the County of Contra Costa, and, among other things, authorizes the board of directors of the district to impose transactions and use taxes in conformity with the Transactions and Use Tax Law for specified purposes, subject to periodic legislative review and amendment, as provided.

This bill would provide that, notwithstanding the combined rate limit under the Transactions and Use Tax Law, neither a transaction and use tax rate imposed in the County of Contra Costa by the transportation authority under the above-described authority nor a transactions and use tax rate imposed by the San Francisco Bay Area Rapid Transit District, as specified, will be considered for purposes of that combined rate limit within the County of Contra Costa. The bill would declare that the changes made with regard to taxes imposed by the Contra Costa Transportation Authority for countywide transportation programs are declaratory of existing law.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Contra Costa.

<hr size=1 width=1209 style=’width:907.1pt’ noshade style=’color:#333333′>

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 29140 of the Public Utilities Code is amended to read:

29140.

(a) The board shall, by ordinance, impose transactions and use taxes in conformity with Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code for the purposes specified in Sections 29142 and 29142.2, subject to periodic legislative review and amendment.

(b) (1) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, a transactions and use tax rate imposed pursuant to subdivision (a) on or before January 1, 2020, that applies within the County of Alameda shall not be considered for purposes of the combined rate limit within the County of Alameda established by that section.

(2) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, a transactions and use tax rate imposed pursuant to subdivision (a) on or before the effective date of the act adding this subdivision that applies within the County of Contra Costa shall not be considered for purposes of the combined rate limit within the County of Contra Costa established by that section.

SEC. 2.

Section 7291 of the Revenue and Taxation Code is amended to read:

7291.

(a) Notwithstanding any other law, the Contra Costa Transportation Authority may impose a transactions and use tax for the support of countywide transportation programs at a rate of no more than 0.5 percent that would, in combination with all taxes imposed pursuant to Part 1.6 (commencing with Section 7251), exceed the limit established in Section 7251.1, if all of the following requirements are met:

(1) The Contra Costa Transportation Authority adopts an ordinance proposing the transactions and use tax by any applicable voting approval requirement.

(2) The ordinance proposing the transactions and use tax is submitted to the electorate and is approved by the voters voting on the ordinance pursuant to Article XIII C of the California Constitution.

(3) The transactions and use tax conforms to the Transactions and Use Tax Law, Part 1.6 (commencing with Section 7251), other than Section 7251.1.

(b) (1) Notwithstanding Section 7251.1, a transactions and use tax rate imposed pursuant to subdivision (a) shall not be considered for purposes of the combined rate limit established by Section 7251.1.

(2) This subdivision does not constitute a change in, but is declaratory of, existing law.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique fiscal pressures being experienced in the County of Contra Costa.

 

Including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct   

To “divert low-level recreational users out of the criminal justice system and into health care system”

“Reducing strain in the courts” at presiding judge’s request

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced last week, misdemeanor filing considerations for the DA’s Office regarding . Originally initiated as a pilot, the considerations are now formal policy for the Office. The DA’s Office will no longer file charges against most people arrested or cited solely for the possession of small amounts of drugs. The idea is to divert low-level recreational users out of the criminal justice system and into the health care system with the goals of both reducing the strain in the courts and on law enforcement, and also by providing treatment options for the user.

Last year District Attorney Becton and Public Defender Robin Lipetzky were contacted by the presiding judge of the court who stressed the need to reduce the significant backlog of low-level, non-violent misdemeanors in the court system. The backlog of cases was slowing down court operations and proving to be an immense burden on the budgets of various law enforcement agencies and the courts.

Furthermore, there have been significant changes in the laws governing personal drug use that have changed the dynamics of prosecuting low-level drug cases. The aim of these considerations is to stop chronic patterns of arrest and to connect individuals to community based behavioral health services. For a first-time offender we will refer the person to health care services in our community. The policy allows the DA’s Office to focus our efforts on cases that may pose significant public safety concerns such as criminal street gangs, drug dealers, violent criminals, and cases involving firearms.

“When I took Office, I realized we had to change our perspective on filing cases, especially low-level drug cases. From my experience as a judge I saw first-hand how individuals were cycling through our system. Now as the District Attorney, I worked with several law enforcement partners throughout the county to build a plan and gain consensus on how best to proceed with these types of cases. We cannot prosecute ourselves out of this growing trend of low-level offenses being submitted to our Office for a filing decision,” said DA Becton.

Prosecutors will use their discretion on these low-level non-violent offenses to determine if criminal charges are appropriate. Pre-filing diversion is also available for individuals in lieu of a formal criminal complaint.

DA Becton stated, “As I do with all of my Office’s policies, I will periodically review this policy and work with my justice system colleagues to ensure its effectiveness and to modify it when necessary.”

In several situations, the policy may not apply. The exceptions include: the person has been arrested on three previous occasions in the past year for a misdemeanor drug offense, the theft is more than $300 in value, or the subject is on probation.

Misdemeanor Filing Considerations

FIRST-TIME AND STAND-ALONE OFFENSES

For the offenses below, do not file a case predicated upon these statutes if the individual is a first-time offender or this is a stand-alone charge. Consider use of CAPS, Infracting, or a Probation Violation as appropriate.

If an individual becomes a repeat offender, review all cases to include any previously unfiled incidents.

Note: For any of the below offenses, these considerations do not apply if:

• There are multiple violations (2 or more within a 12-month period)
• Theft cases: amount of stolen items is $300 or more
• Defendant is currently on probation
• Low net weight cases of controlled substances will generally not be filed unless there are three or more misdemeanor drug offenses or another qualifying exception within a 12-month period

The misdemeanor charges these considerations encompass are as follows:

STATUTE                 NAME OF STATUTE

BP 4060                      Possession of Controlled Substance

BP 4140                      Possession of Hypodermic or Syringe

HS 11357                    Possession of Marijuana

HS 11364                    Possession of Drug Paraphernalia

HS 11350                    Possession of Controlled Substance

HS 11377                    Possession of Controlled Substance

HS 11550                    Under the Influence of Controlled Substance

PC 415                        Disturbing the Peace

PC 459.5                     Shoplifting

PC 466                        Possession of Burglar Tools

PC 484                        Petty Theft

PC 602                         Trespass

PC 647(f)                    Disorderly Conduct

PROBATION VIOLATIONS

If an individual is already on Probation, consider electing to file a Probation Violation in Lieu of a new docket. Consult with your supervising DDA as appropriate.

SUSPENDED LICENSES

Infract the below vehicle code offenses. Note: this does not apply to VC 14601.2 and VC 14601.5 offenses.

STATUTE                 NAME OF STATUTE                                              ACTION

VC 12500                    Unlicensed Driver                                                       INFRACT

VC 14601.1                 Non-DUI Suspended or Revoked License                  INFRACT

Starting today, October 1, the County will begin offering free flu shots to people who come in for COVID testing at several testing sites in Contra Costa.

Making flu shots available at COVID testing sites is part of the County’s larger effort to get more people vaccinated before flu season arrives. Contra Costa Health Services will also be hosting a series of free one-day flu vaccination clinics in October.

“We want to make it as easy as possible for people to get their flu shots this year,” said Dr. Chris Farnitano, Contra Costa County’s health officer. “Offering flu vaccine at COVID testing sites will let people cross two things off their to-do list at once.”

With COVID-19 and the upcoming flu season overlapping, county health officials say it’s more important than ever to get vaccinated against influenza this year.

Health officials are worried about a so-called “twindemic” or “double surge” in the coming months where hospitals are overwhelmed by having to care for both flu patients and COVID-19 patients.

Flu vaccination is the best protection against influenza. Another reason to get vaccinated: people can get sick with COVID and the flu at the same time, which may increase the risk they will need hospitalization.

Flu season in the Bay Area tends to peak in January or February, but it can be unpredictable – which is why it’s best to get vaccinated as soon as possible.

“Getting a flu shot is one thing we all can do to ease our minds during COVID,” said Dr. Farnitano. “Getting vaccinated this year means having one less thing to worry about.”

Influenza and COVID are respiratory illnesses with similar symptoms, such as congestion, cough and fever. People who have these symptoms when flu season arrives should be tested for COVID to help ensure a correct medical diagnosis. The County offers free COVID testing to residents.

There is currently no vaccine for COVID. The best way to prevent the spread of COVID is to practice physical distancing, wear face coverings when around people who don’t live with you, wash your hands regularly and stay home if you’re sick. These measures also help reduce the spread of the flu as well.

County health officials also recommend that essential workers and others with frequent close contact with people outside their own household get tested once a month for COVID, even if they don’t have symptoms.

A list of testing site offering free flu shots can be found on our Get Tested page. There are currently five testing locations offering flu vaccine: Antioch, two in Concord, Richmond and San Ramon. We expect to make flu shots available at more testing sites in the near future.

For more information about influenza, visit cchealth.org/flu.

 

Approve consent decree for enhanced psychiatric and medical services for county jail inmates

By Daniel Borsuk

With the COVID-19 pandemic having caused 16,896 cases and 209 deaths in Contra Costa County since March, the Contra Costa County Board of Supervisors on Tuesday passed its third temporary ordinance banning evictions of commercial and residential tenants on Tuesday, the same day the county’s Public Health Department quietly announced its promotion from Purple ranking to Red, allowing more businesses to open.

According to the staff report on the agenda item, the urgency ordinance authorizes a temporary prohibition on certain “at-fault” evictions of residential tenants in the county and continues a temporary prohibition on certain evictions of small-business commercial tenants in Contra Costa County impacted by the COVID-19 pandemic.

Supervisors had previously approved similar temporary ordinances on April 21 and July 14 and voted unanimously to enact a new ordinance that would stay in effect through January 31, 2021.  On a separate vote, 4-1, supervisors rejected inserting additional protections to tenants that Supervisor John Gioia wanted to be included in the ordinance.

“I wanted broader protections,” said Supervisor Gioia of Richmond who cast the one dissenting vote.  “I wanted to limit evictions to health and safety.  There are landlords who don’t exercise good faith behavior.”

But Supervisor Karen Mitchoff, speaking on behalf of both landlords and tenants. wanted to monitor properties that have tenants who don’t put out trash for collection or keep unsafe rental property.

“I am willing to go through January 31, but I am tired of accommodating the bad actors. I won’t support an ordinance that bars landlords from entering property for any reason,” said Mitchoff.

At the same time, the supervisor from Pleasant Hill scolded landlords who do not accept a tenant’s payment for rent. “That is not OK,” she said.

While supervisors listened to a number of renters encouraging the supervisors to provide necessary protections during the ongoing pandemic, the elected officials for the first time heard more landlords loudly object to the residential and commercial ordinance under review.

“You’re taking away property owners’ rights,” Concord property owner Blaine Carter protested. “The sky is not falling.  We don’t need to strip away individual property owner rights.”

Concord homeowner Ed White said he could live with the ordinance.  “I work with my tenant,” said White, whose long-term tenant of his three-bedroom house, has been a good occupant even though the tenant had lost their job due to the pandemic.  The tenant has recently been reemployed and is back making monthly rental payments, White said.

“For someone who has been on both sides of this issue, I can support the proposed ordinance,” said District 5 Supervisor Federal Glover of Pittsburg, who is up for re-election Nov. 3 against Contra Costa County Assessor Gus Kramer.

“This is another way to get property into the hands of government,” said landlord Marilyn Blander.  The long-term economic effects will be terrible because government is a terrible way to provide housing.”

PLO Consent Decree for County Jail Inmates OK’d

In another action, supervisors unanimously approved an agreement with the Prison Law Office that will enhance psychiatric and medical services for inmates held at the Martinez Detention Facility and the West County Detention Facility in Richmond.  Four years in negotiations, the PLO-Contra Costa County consent decree will be in effect for five years.  The consent decree can be mutually ended.

It will cost the county $43.7 million a year to provide improved mental and medical care and pharmaceutical services to prisoners housed in the two county detention facilities.  Those costs reflect the addition of the eventual hiring of 125 fulltime Health Services Department employees and 63 fulltime equivalent Sheriff’s Department employees.

So far, the county has hired 42 fulltime equivalent Health Department and 41 fulltime Sheriff’s Department employees.

“This is a roadmap for positive change, one that moves the county forward in further improving the physical space and services provided” said Board Chair Candace Andersen.  “We want to stop those with mental illness from repeatedly cycling through our jails.  If we can provide them with much needed treatment while incarcerated and ensure that they have supportive services upon re-entry to the community, their lives will substantially improve.”

Prison Law Office Executive Director Donald Spector called and thanked the supervisors for approving the five-year consent decree.