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Los Angeles County, California, Measure R, Civilian Police Oversight Commission and Jail Plan Initiative (March 2020)

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Local ballot measure elections in 2020
Los Angeles County Measure R
LocalBallotMeasures Final.png
Election date
March 3, 2020
Topic
Local law enforcement
Status
Approveda Approved
Type
Initiative		Origin
Citizens

A ballot measure concerning the Sheriff's Civilian Oversight Commission, jail populations, and incarceration rates was on the ballot for voters in Los Angeles County, California, on March 3, 2020. It was approved.

A "yes" vote supported authorizing the Sheriff Civilian Oversight Commission to develop a plan designed to reduce jail population and incarceration and granting the Commission subpoena power to investigate complaints.
A "no" vote opposed authorizing the Sheriff Civilian Oversight Commission to develop a plan designed to reduce jail population and incarceration and granting the Commission subpoena power to investigate complaints, thereby requiring a majority vote of the Commission members to request a subpoena from the Office of the Inspector General.


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Election results

Los Angeles County Measure R

Result Votes Percentage

Approved Yes

1,334,277 72.85%
No 497,286 27.15%
Results are officially certified.
Source


Overview

What did Measure R do?

Measure R gave the Los Angeles County Sheriff Civilian Oversight Commission the power to subpoena witnesses and documents relevant to citizens' or inmates' complaints. On January 28, the Los Angeles County Board of Supervisors voted unanimously to grant the Commission the power to request the Office of the Inspector General (OIG) to subpoena documents or witnesses. Requesting a subpoena from the OIG requires a majority vote by the Commission. Prior to this, the Commission was limited by a memorandum that outlined which documents they had access to. Measure R gave the subpoena power directly to the Commission.[1][2][3]

The ballot measure required the Commission to research, draft, and propose a Comprehensive Public Safety Reinvestment Plan to be presented to the Los Angeles County Board of Supervisors and published to the public seven months after its adoption. The plan must include a feasibility study regarding the plan's implementation, strategies to reduce the county's jail population through mental health treatment, and a timeline and detailed allocation of resources for the plan.

What was the status of the jail population in Los Angeles County at the time of the election?

In 2019, the Los Angeles County jail system reported an average daily inmate population of approximately 17,150 across eight facilities. The Board of State and Community Corrections rated the capacity for the seven facilities within the jail system at 12,537 inmates. According to these figures, the county jail is over capacity by 4,613 inmates per day.[4] In 2019, the average stay for a sentenced inmate was 64 days.[5]

Who was behind the campaigns surrounding Measure R?

Reform LA Jails led the support campaign, Yes on R. As of January 2020, the committee raised $1.9 million in contributions. There were two other committees registered in support of the measure, Showing Up For Racial Justice (SUFJ) Action LA 2020 and Open Philanthropy Action Fund. The three campaigns have raised a total of nearly $2.1 million. Over half that amount, $1.2 million, was donated by Cari Tuna, the president of Open Philanthropy Project and Good Ventures.

As of February 2020, Ballotpedia had not identified any campaigns in opposition to Measure R.

Measure Design

Measure R amended Title III, Chapter 3.79 of the County Code to require the Sheriff Civilian Oversight Commission to develop a Comprehensive Public Safety Reinvestment Plan. The plan is required to include a study on the feasibility of reducing the county jail population by redirecting $3.5 billion previously expected to be spent on jail expansion to mental health programs, youth centers and programs, and the Office of Re-entry and Diversion. In addition, Measure R gave the Commission the authority to use its own members and staff to conduct investigations regarding complaints. Lastly, the measure removed the provision regarding what the county code called the "memorandum of agreement" between the Office of Inspector General and the Sheriff's Department that outlined what documents the Commission had access to and gave the Commission the power to subpoena documents and witnesses relevant to its investigations.[6]

Text of measure

Ballot question

The ballot question was as follows:[7]

“

Shall the measure amending Chapter 3.79 of the Los Angeles County Code to revise the duties and powers of the Sheriff Civilian Oversight Commission to investigate Sheriff-related issues, compel production of records and witnesses, review and evaluate the Office of the Inspector General's handling of complaints, and develop a recommended jail plan, be adopted?[8]

”

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Los Angeles County Counsel:[7]

“

Measure R is a citizens' initiative that qualified for placement on the ballot based on a sufficient number of registered voters signing a petition proposing this ballot measure. If approved by the voters, the measure would adopt an ordinance amending Title 3 of the Los Angeles County Code relating to the Sheriff Civilian Oversight Commission ('Commission').

California law currently requires the Board of Supervisors ('Board') to supervise the official conduct of all county officers and also gives the Board the power to create a commission and determine its powers. The Board created the Commission in the County Code giving it authority to review, analyze, and make recommendations to the Board and Sheriff's Department ('Sheriff') on Sheriff's operational policies and procedures, and to investigate systemic Sheriff-related issues or complaints through the Office of Inspector General ('OIG').

As of the date of this Impartial Analysis, the current law is the Commission does not have independent subpoena power to compel testimony of witnesses or production of documents. The power to subpoena records and witnesses rests with the Board or may be delegated by the Board. The Commission may receive records from the Sheriff and OIG, subject to applicable and confidentiality laws. This measure would amend the County Code to give the Commission independent subpoena power to obtain documents or witnesses pertinent to its investigations and oversight, and provides the Commission power to administer oaths. The Commission would not be bound to follow Agreements between the Sheriff and OIG for access to records.

As of the date of this Impartial Analysis, the current law is the Commission does not have the independent power to perform investigations, inquiries, audits or monitoring without using the OIG. This measure would amend the County Code to allow the Commission to use its own members or staff to undertake investigations, inquiries, audits, and monitoring in addition to using the OIG.

As of the date of this Impartial Analysis, the Commission does not have the authority to independently review and evaluate the OIG's handling and resolution of citizen and inmate complaints. This measure would also amend the County Code to permit the Commission to review and evaluate the OIG's handling and resolution of citizen and inmate complaints.

This measure would require the Commission to research and draft a plan ('Plan') for reducing the County's jail population and providing alternatives to incarceration by conducting a Feasibility Study, together with a timeline for reinvestment of jail system costs into prevention and mental health treatment. The Feasibility Study would include the impacts of incarceration on the jail population; compare the costs and effectiveness of mental health treatment inside the jail with community-based drug treatment; identify needed infrastructure; and recommend staffing and funding solutions to the Board. The Board is not bound to take action on the proposed Plan.

The measure, if approved by the voters, may only be repealed by a subsequent vote of the electorate on an amendment of the Los Angeles County Code or County Charter, and the Board would not have independent authority to amend the duties and powers of the Commission.

The measure requires a majority vote.[8]

”

Ballot summary

The ballot summary was as follows:[9]

“
  • The purpose of this proposed measure is to enact an ordinance amending Title 3 of the Los Angeles County ('County') Code related to the Sheriff Civilian Oversight Commission ('Commission').
  • The measure proposes adding section 3.79.210, entitled Comprehensive Public Safety Reinvestment Plan, ('Plan') to reduce jail population and provide alternatives to incarceration by:
    • Researching and developing the Plan within seven months of amending the County Code.
    • Conducting a Feasibility Study ('Study') to timeline the plan to reduce jail population and strategy to reinvest jail system cost into prevention and mental health treatment.
    • The measure requires the Committee in the Plan and Study to:
      • Identify existing, proposed, and alternative options to arrest and incarceration for nonviolent crimes where mental health, substance abuse and chronic homelessness are issues.
      • Examine feasibility of reinvesting funds directed to jail expansion towards: reducing jail population of mental health, drug dependent, chronically homeless individuals; holistic mental health treatment; expanding youth centers and programs; reducing recidivism; alternatives to custody through the Department of Public Health; and increased funding to the Office of Diversion and Re-entry.
      • Calculate the projected reduction in jail population and cost savings from reforms, compared to current policy.
      • Assess the jail population impact on bail reform for pre-arraignment/trial release.
      • Compare costs and effectiveness of mental health treatment inside the jail with community based drug treatment.
      • Investigate incarceration impacts on addressing addiction, education/employment, and family/community connections versus the cost and effectiveness of community-based drug treatment.
      • Identify infrastructure to implement the Plan, including housing, funding, programs, training, strategies and services to end recidivism.
      • Identify systemic and systematic barriers and recommend ways to eliminate them by working with County departments.
      • Recommend to the Board of Supervisors ('Board') directives to the Chief Administrative Officer, Executive Officer of the Board, and County Counsel for staffing and funding the Commission.
    • The measure proposes amending section 3.79.030, entitled Duties, permitting the Commission to investigate using its own staff.
    • The measure proposes amending section 3.79.130, entitled Use of the Office of Inspector General ('OIG') Staff for Investigative Purposes, permitting either OIG or the Commission to investigate, inquire, audit, and monitor, and allows the Commission to examine the OIG’s management of citizen and inmate complaints.
    • The measure proposes amending section 3. 79.190, entitled Obtaining Documents and Information, granting the Commission subpoena power for documents or witnesses and deleting provisions requiring the Commission to be bound by a Memorandum of Understanding with the Sheriff for access to records.
    • The measure proposes that if another measure appears on the ballot addressing this subject in a conflicting way, and each measure receives a majority of votes, the measure with the highest affirmative vote shall prevail.
    • The measure proposes if any provision or part of the measure is found unconstitutional or invalid, the invalidity shall not affect the remaining provisions or application, which could be implemented without the invalid part and it would be severable.[8]
 ”

Full text

The full text of the measure is available here.

Support

Reform LA Jails.jpeg

Reform L.A. County Jails led the campaign in support of Measure R.[10]

Supporters

Organizations

Officeholders

Arguments

  • Senator Elizabeth Warren (D), said, "We need to decriminalize mental health crises and invest in prevention and treatment preventions. I'm proud to support Yes on Measure R, and I'll fight for comprehensive criminal justice reform."[13]
  • Priscilla Ocen, vice-chair of the Civilian Oversight Commission, said, "The Civilian Oversight Commission needs additional authority to ensure transparency and accountability in law enforcement in L.A. County. ... It will allow the community to ask important questions and to demand answers so that we can respond and ensure that we have an equitable system of policing in L.A. County."[14]

Opposition

If you know of opponents or arguments that should be posted here, email editor@ballotpedia.org.

Arguments

  • Los Angeles County Sheriff Alex Villanueva, said, "Since the Board of Supervisors has already spent over million dollars suing itself and their own sheriff, Measure R will open the floodgates for many more ill-advised lawsuits designed to seek documents that are not legally available for public release. This is simply weaponizing oversight as a way to politically bash the LASD. ... The Board of Supervisors, the Inspector General and the Civilian Oversight Commission would better serve the community by working collaboratively with the Sheriff's Department, not against us, as we work tirelessly for a safer Los Angeles County."[15]
  • Mary Wickham, counsel for Los Angeles County, said, "The Office of the Inspector General (OIG) believes the current investigative model works well, making the initiative unnecessary. ... Collaboration between the OIG and Civilian Oversight Commission (as well as the Los Angeles Sheriff's Department) has been instrumental in effectuating reform in such areas as body cameras, compliance with the Prison Rape Elimination Act and identification of secret societies within the Los Angeles Sheriff's Department."[14]

Campaign finance

See also: Campaign finance requirements in California
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 18, 2020.


Total campaign contributions:
Support: $2,078,740.80
Opposition: $0.00

Three ballot measure committees—Reform LA Jails, Showing Up For Racial Justice (SUFJ) Action LA 2020, and Open Philanthropy Action Fund—were registered in support of the initiative. According to the most recent reports from January 18, 2020, the three committees have raised $2.1 million in support of Measure R.

Contributions for Open Philanthropy Action Fund totaled $1.2 million and were contributed to Reform LA Jails via a PAC to PAC contribution, which is why its totals in the table below are $0.00.

Support

The following were contribution and expenditure totals for the committees in support of the initiative.

Committees in support of Los Angeles County, California, Measure R, Civilian Police Oversight Commission and Jail Plan Initiative
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Reform LA Jails$1,924,958.04$0.00$834,726.64
Showing Up For Racial Justice (SUFJ) Action LA 2020$139,587.50$14,195.26$76,032.79
Open Philanthropy Action Fund$0.00$0.00$0.00
Total$2,064,545.54$14,195.26$910,759.43
Totals in support
Total raised:$2,078,740.80
Total spent:$924,954.69

Donors

The following is a list of donors who contributed the most to support campaigns for Measure R:

Donor Cash In-kind Total
Cari Tuna $1,241,000.00 $0.00 $1,241,000.00
Patty Quillin $250,000.00 $0.00 $250,000.00
Quinn Delaney $250,000.00 $0.00 $250,000.00
Nicole Shanahan $150,000.00 $0.00 $150,000.00
Edward Charles Foundation $30,000.00 $0.00 $30,000.00
Live Nation $25,000.00 $0.00 $25,000.00

Media editorials

See also: 2020 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the ballot measure. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.

Support

  • La Opinion: "Measure R proposes initial, important and unprecedented steps to reduce the prison population, and prevents prison re-entry of those who have been released without jeopardizing public safety. To that effect, it seeks to elevate the growth of crime prevention plans, and expansion of mental health services and an expansion of programs geared toward youth. We find no reason to deny absolute backing to Measure R, and we encourage our readers to vote Yes on Measure R this March 3rd."[16]

Opposition

Ballotpedia had not identified media editorial boards in opposition to the ballot measure.

Background

Los Angeles County Sheriff Civilian Oversight Commission

On January 12, 2016, the Los Angeles Board of Supervisors voted to create the Commission. It is comprised of nine members. Five members are board members appointed by the board, and four are community members appointed by the board. All commission meetings are open to the public. The Commission's six areas of oversight include family assistance, county jail, immigration policy, mental evaluations, use of force, and deputy subgroups.[17][18]

On January 28, 2020, the Los Angeles County Board of Supervisors voted unanimously to grant the Commission the power to request the Office of the Inspector General (OIG) to subpoena documents or witnesses. Requesting a subpoena from the OIG requires a majority vote by the Commission. Prior to this, the Commission was limited by what the county code called a "memorandum of agreement" that outlined which documents the Commission had access to.[2][3]

Los Angeles County Board of Supervisors vote on jail expansion

On August 12, 2019, the Los Angeles County Board of Supervisors voted 4-1 to withdraw from a contract with McCarthy Building Companies to construct the mental health center that would house 3,885 inmates. The plan was first approved in February 2019 and was expected to cost $2.4 billion. In a statement following the board meeting calling for the vote on the contract, Supervisor Hilda Solis, said, "Men’s Central Jail must be demolished, but we must replace it within a criminal justice system that includes a modern, decentralized countywide continuum of non-custody community-based care facilities." Los Angeles County Sheriff Alex Villanueva disagreed with the vote by the Board. In response to the vote, he said, "The Board of Supervisors actions to cancel the McCarthy contract is irresponsible because it would leave high security inmates who are housed in single cells without a place to stay. This is a public safety issue and should something awful happen to a member of our community, it lies directly with the Board of Supervisor’s action taken today."[19][20]

Measure R included a provision that requires the Sheriff Civilian Oversight Commission to study how the $3.5 billion expected to be spent on the jail expansion can be used to decrease the jail population and reduce recidivism. The amount budgeted for jail expansion was $2.4 billion. Justice LA, who endorsed Measure R, wrote that the total cost of the project would be closer to $3.5 billion with the repayment of bonds.[6][21]

Related measures in California

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a successful initiative petition campaign sponsored by Reform L.A. County Jails. On September 11, 2018, petitioners submitted 247,000 signatures to the county clerk. On October 9, 2018, the Los Angeles County Board of Supervisors voted 4-1 to send the measure to the March 2020 ballot.[22][23]

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. ↑ KTLA, "L.A. County Supervisors Approve Subpoena Power to Civilian Oversight Commission Amid Tensions With Sheriff," January 22, 2020
  2. ↑ 2.0 2.1 Los Angeles County, "Ordinance Amending County Code," accessed February 4, 2020
  3. ↑ 3.0 3.1 Whittier Daily News, "LA County’s law enforcement watchdogs got subpoena power today. Here’s why it matters," January 28, 2020
  4. ↑ Los Angeles County, "Report Back on Developing a Care-First Treatment Model for New Mental Health Treatment Center," August 7, 2019
  5. ↑ Tableau Public, "Board of State and Community Corrections Jail Population Trends Dashboard," accessed February 4, 2020
  6. ↑ 6.0 6.1 Reform LA Jails, "Full Text," accessed February 5, 2020
  7. ↑ 7.0 7.1 Los Angeles County Elections, "Sample Ballot Look Up Tool," accessed January 27, 2020
  8. ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. ↑ Reform Jails, "Initiative Summary," accessed January 2, 2020
  10. ↑ Vote Yes on R, "Home," accessed February 4, 2020
  11. ↑ 11.0 11.1 11.2 11.3 Reform LA Jails, "Supporters," accessed January 2, 2020
  12. ↑ 12.0 12.1 12.2 12.3 12.4 12.5 Twitter, "Post by Reform LA Jails on February 3, 2020
  13. ↑ Facebook, "Reform LA Jails post on February 4, 2020
  14. ↑ 14.0 14.1 NBC Los Angeles, "‘Reform LA Jails’ Initiative Will Wait for 2020 Vote," October 10, 2018
  15. ↑ Josh Altic, "Email communication with Deputy Sheriff John Satterfield," February 10, 2020
  16. ↑ La Opinion, “Organizations fight to return power to people in the county of LA,” January 16, 2020
  17. ↑ Civilian Oversight Commission, "Home," accessed January 2, 2020
  18. ↑ LA County Laws, "Title 3, Chapter 3.79, Sheriff Civilian Oversight Commission," accessed January 2, 2020
  19. ↑ Courthouse News, "LA County Cancels Mental Health Jail Project in Favor of 'Care First' Approach," August 13, 2019
  20. ↑ Los Angeles Times, "In landmark move, L.A. County will replace Men’s Central Jail with mental health hospital for inmates," February 13, 2019
  21. ↑ Justice LA, "About L.A. County's $3.5 Billion Jail Plan," accessed February 10, 2020
  22. ↑ Los Angeles County Board of Supervisors, "Meeting Minutes from October 9, 2018," accessed January 2, 2020
  23. ↑ Reform Jails, "Sheriff’s Department Watchdog Measure Heading to March 2020 Ballot," October 9, 2018
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