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Todd Spitzer - Board of Supervisors, Supervisor, Third District

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August 2, 2018 Volume 6 Issue 26
Supervisor Spitzer Speaks Against Outrageous State Approval of Needle Exchange Program

Supervisor Spitzer (C) joined demonstrators in Costa Mesa to protest the State’s approval of a needle exchange program in Orange County.
 

Supervisor Spitzer listens as a resident speaks out against the reopening of a needle exchange program in Orange County.
Supervisor Todd Spitzer joined dozens of residents from across the County to support the city of Costa Mesa in taking a stand against the California Department of Public Health’s outrageous authorization of a needle exchange program in Orange County. The residents gathered after Costa Mesa Mayor Pro Tem Allan Mansoor called on constituents to protest the State’s decision.

Supervisor Spitzer came to the protest to represent his Third District cities Anaheim and Orange and to support Costa Mesa and Santa Ana. All four cities are listed as areas where the needle exchange program would be permitted under the approved program.

Needle exchange programs make our communities unsafe by giving away countless needles to addicts, while there is nothing preventing those needles from ending up in streets, parks, and beaches.

“This program is another aspect of crime out of control in Orange County. This is tolerance for lawlessness—which is becoming the norm not the exception—and the County is getting inundated with soft-on-crime measures like this,” Supervisor Spitzer said to the crowd of protestors on the corner of 17th and Whittier in Costa Mesa.

In June the Board of Supervisors joined the cities of Anaheim, Costa Mesa, Orange and Santa Ana in unequivocally opposing a needle exchange program in Orange County. On Friday, August 3 the Board of Supervisors will hold an emergency special meeting to consider the County’s options in opposing the implementation of this dangerous program.
 
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Spitzer Continues to Call for Repeal of AB 1810: Newest Crime Law Violates Constitution and Buries Courts in Insurmountable Problems
Supervisor Spitzer joined The John and Ken Show on KFI AM 640 on Wednesday, August 1 to talk about AB 1810 and its threat to the criminal justice system and the safety of communities. Supervisor Spitzer also directed County Counsel to evaluate the impact of this horrible law and to report back to the Board on ways to minimize its impact on the County’s criminal justice system.

Read Supervisor Spitzer’s original article on AB 1810, as published in the Daily Journal, California’s legal periodical.

Sacramento’s latest foray into reshaping our criminal justice system is an utter disaster that violates the state Constitution and will create numerous hearings and appellate issues that could bring our courts could come to a standstill. Judges in every county will find themselves with thousands of additional hearings every year.

This frightening scenario is brought by Assembly Bill 1810, signed by Gov. Jerry Brown on June 27 and effective immediately. It expunges the record of virtually any defendant after a maximum 2-year diversion program, providing he or she showed mental illness “substantially” contributed to committing their crime.

It has no guidelines on how this will be initiated or how the increased workload will be funded. Many small counties such as Calaveras, Amador, and Sutter likely have no system set up for mental health diversions. This creates equal protection issues as someone in Alpine County gets locked up for a crime where a Los Angeles County defendant received diversion.

But the worst part of this is the violation of Marsy’s Law – a victim’s rights initiative that passed in 2008. I co-wrote the initiative and was its statewide campaign manager. This law was created to put an end to the abuse crime victims endure within the legal system, including: lengthy trial delays, harassment, a lack of restitution, and a lack of notice for parole hearings.

When cases languish for years, witnesses and victims can have lapses in memory, become ill, or die before a trial date arrives.

The Victims’ Bill of Rights is contained in Article I, section 28 of the California Constitution and requires the following, which have now been undone by AB 1810:
  • Victims may address the court at every stage
  • Restitution is awarded for monetary loss
  • Victim has a right to a speedy trial
Countless people have worked to make sure our courts truly offer “equal justice for all.” Gov. Jerry Brown has undone this with a stroke of his pen.

A Dilemma for the Courts

Orange County was one of the first courts in the state to use the Collaborative Courts model, where select defendants who have a high propensity for success are awarded diversion. It began with a drug court in 1995 and has since expanded to other types of courts as well, including mental health, elder abuse, veterans and domestic violence.

These involve a teamwork process with law enforcement and it works. A report by former California Supreme Court Chief Justice Ron George states that taxpayers were saving $90 million a year in court and incarceration costs. This program is not broken and does not need fixing.

Most judges try to do the right thing by faithfully following state law and appellate decisions. The prosecution is a tier of our checks and balances. But now we have the most radical reworking of our judicial system in recent history that places the court in an advocacy role due to the absence of a prosecutor and a victim in criminal proceedings.

AB 1810 created a scant framework where a defendant who wants to claim a mental disorder obtains a report from “a mental health expert.” If that expert – who isn’t required to be a doctor – can show that mental illness played a “substantial” role in the crime, the court is authorized to allow diversion.

Defendants who have diagnoses such as alcoholism, cannabis abuse syndromes, PTSD or any of approximately 75 recognized mental conditions are allowed to participate. The only restrictions are possessing an antisocial personality disorder, borderline personality disorder, or pedophilia. In reality, someone can claim “I shot my neighbor because I have dementia” and this would be a reason to divert to a 2-year “treatment plan” under AB 1810.

No restrictions are placed on the type of crime or criminal history to qualify for this, so this could include defendants who committed rape, mass murder and child molestation. It could include someone on the terror watch list. Potentially, every defendant in our justice system can suddenly claim an illness on this list and bring all the cases to a halt until judges hold these hearings.

Here’s where the law is gray: there is no stated mechanism for how the defense asks for diversion or a method to inform the prosecution and victims of the process. The court is allowed to receive input from the prosecution but it is not required. It isn’t clear if any of this is done in open court, in chambers or by oral or written motion.


Once the defendant is granted diversion, the law doesn’t state what happens next – does this include electronic monitoring, a lock-down facility or out-patient counseling? Do the defendants post bail or have search and seizure restrictions? Only if the defendant fails diversion is the court required to involve the prosecution, which involves holding a hearing to determine whether charges should be reinstated. Suddenly we are back in the trial mode where police, prosecutors and victims grapple with losing two years of investigation and progress toward justice.

This violates the California Constitution. Justice delayed is justice denied.

Those who successfully complete diversion may be a triumph for the defense, but this scheme places the rest of the public at risk. The file is sealed and no one will ever know the defendant committed a crime, no matter how egregious. In fact, the law goes overboard in assuring the public that “A record pertaining to an arrest resulting in successful completion of diversion, or any record generated as a result of the defendant’s application for or participation in diversion, shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.”

I can think of numerous instances where this is problematic: Sex offenders can work at day care centers; killers can obtain gun licenses; DUI defendants who have killed pedestrians or other motorists can renew their drivers’ licenses; and terrorists who appear on a federal watch list will have no paper trail to assist federal authorities with their capture.

If all this isn’t bad enough, the thought of having a judicial system that has broken under its own weight is unthinkable.

Although the statute gives judges great latitude for participating in this procedure, those judges who do not accept an AB 1810 defense may find themselves the focus of an appeal for “abuse of discretion.”

Defense attorneys aren’t immune either. Those who do not seek this avenue for their clients can be removed from the case due to ineffectiveness of counsel. If the case makes it to trial, a Marsden motion can be filed or the matter can be part of the post-verdict appellate process. This law is set up to initiate appeals every step of the way, all with costs borne by the taxpayer.

Lastly, AB 1810 doesn’t say if it’s retroactive. Someone who is doing 15 years for a second-degree murder will be thinking, “I shouldn’t be in here, I should be in mental health treatment!” He will file a motion and the court will have to respond.

Courts will have to decide whether a case is retroactive and if so, a defendant will have to file a habeas motion. The general rule is, changes in the law that favor criminal defendants have retroactive application.

This ill-conceived statute is the greatest threat to public safety on the books. It should be repealed before it cripples the judicial system and wreaks havoc on public safety.
 
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Supervisor Spitzer Thanks Pacific Symphony for Annual Summer Concert:
Sizzlin’ Summer Concert Series Continues in Irvine

Supervisor Spitzer shared his love of music to the crowd after seeing Pacific Symphony Musical Director Carl St. Clair provide a free conductor lesson to children.
 

Music Director Carl St. Clair teaches tempo to children as Supervisor Spitzer looks on.
Supervisor Todd Spitzer praised Pacific Symphony Musical Director Carl St. Clair at the Irvine Sizzlin’ Summer Concert on Sunday, July 29.

“I hoped you listened to the amazing words of Maestro St. Clair; 29 years in Orange County dedicated to advancing careers and appreciation for music,” Supervisor Todd Spitzer said to a crowd of more than 4,000 people. “Just a few minutes ago, he just took about 60 young people and led them in a conductor exercise for about 30 minutes.”

“I think we all should appreciate that a man of his stature took the time to work with our children and impress upon them how music can change your life.”Each summer, Pacific Symphony travels throughout Orange County to deliver fun and inspirational concerts and to promote a love of music and music education. Thanks to Maestro St. Clair and The Symphony for sharing their beautiful music.

The Sizzlin’ Summer Concerts continue next Sunday, August 5 with the band Undercover Live at Mike Ward Community Park at 5:30 pm.
 
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Supervisor Spitzer Hosts Tele-Town Hall on Active Shooter Preparation
 
Join Supervisor Spitzer and public safety experts for a Tele-Town Hall on active shooter school safety training. Residents are invited to join a call-in session featuring experts in law enforcement and education who will discuss a county-funded active shooter prevention program and our tactical response efforts.

This event is part of Supervisor Spitzer’s ongoing public interest policy and community outreach forums. Residents are encouraged to listen in, ask questions, and learn about this urgent public safety issue.

To join the call, call (855) 756-7520 extension 41547# on Thursday, August 9 at 5:30 pm.

Listen to the full audio recording Supervisor Spitzer’s prior Tele-Town Hall events at http://www.ocgov.com/gov/bos/3/info/tele_town_halls.
 
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Supervisor Spitzer Supports Local Small Businesses and Restaurants at The Taste of Yorba Linda

Residents browse the businesses on display at the Taste of Yorba Linda, hosted by the Yorba Linda Chamber of Commerce.
 
Supervisor Todd Spitzer proudly supported the Taste of Yorba Linda, a community-oriented event promoting economic growth in Yorba Linda by showcasing local businesses, restaurants owners, and entrepreneurs. Attendees were able to get a taste of cookies, specialty drinks, and flavorful dishes from dozens of Yorba Linda restaurants.

As the Third District Supervisor, Todd Spitzer represents Yorba Linda in County government and works to better serve residents through nurturing positive relationships between County agencies and the City of Yorba Linda. For more info, visit www.tasteofyl.com.
 
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Stone Soul at Yorba Linda Concerts

Hurless Barton Park during last week's Summer Concert in the Park event.
 
Despite record heat, Stone Soul played some of the greatest Soul and Motown hits in Yorba Linda last Sunday. The park was full of people (most under cover of tree shade) of all ages tossing ball, enjoying their dinners and dancing to great music. There is plenty of green grass to spread out a blanket and enjoy the summer evening, plus there is plenty of free parking too! Bring family, friends and a picnic to enjoy the great live music and maybe win some t-shirts shot from t-shirt canons from the Parks and Recreation department.

The Yorba Linda Concert in the Park series continues this Sunday August 5th with Redneck Rodeo 5:30 – 7:00 pm. Bring your cowboy hats and line dancing boots so you can dance the evening away to some great country hits, it is sure to be a great time! For a complete list of the Yorba Linda Concert in the Park Series, visit https://www.yorbalindaca.gov/DocumentCenter/View/1311/Concerts?bidId.

Enjoy live music every Sunday evening 5:30 – 7:00 pm at Hurless Barton Park in Yorba Linda until August 19th.
 
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Never Swim Alone! A Reminder to Swim Safely this Summer

Summer is winding down as children start heading back to school, but it is as important as ever to be diligent about water safety.

Supervisor Todd Spitzer is teaming up with the OC Drowning Prevention Taskforce to raise awareness of water safety.

Downing is the leading cause of accidental deaths by children under the age of five in Orange County, and adults age 50 and older account for 50% of drownings every year.

Drowning is 100% preventable. Barriers, such as fences around pools, help reduce a child’s ability to get near the water. Swim lessons are also encouraged to help young children and older-adults become stronger swimmers.

Always watch your children around water, designate a water-watcher at group events and think twice – bring a buddy and never swim alone. These important precautions will help keep everyone safer through the summer.
 
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OC Waste and Recycling Top 7 Waste Reduction Tips

 
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Silverado Canyon Road Pavement Rehabilitation: July 26—August 24

 
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Community Meeting: Live Oak Canyon Rd/Trabuco Canyon Rd Safety Improvement Project

 
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Concert in the (Villa) Park: August 3 at
7:00 pm

 
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Pet of the Week

Click on the image above to view a PDF version.
 
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Events Around the District
Anaheim
Book Discussion for Adults
Thursday, August 23, 12:00 pm – 1:00 pm
East Anaheim Branch Library, 8201 East Santa Ana Canyon Road

FOCAL Summer Book Sale
Thursday, August 23, 11:00 am – 7:00 pm
Anaheim Canyon Hills, 400 Scout Trail

Irvine
Orange County Great Park Farmers Market
Sunday, August 5, 10:00 am—2:00 pm
Orange County Great Park, 6950 Marine Way

Sizzlin’ Summer Concert: The Emperors (Classic Rock)
Sunday, August 12, 5:30 pm
Mike Ward Community Park, 20 Lake Road

Orange
CSI Forensics Behind the Scenes Presented by the OC Crime Lab
Monday, August 6, 6:30 pm—7:30 pm
Library Community Room, 407 E. Chapman Ave.

Countdown to Kindergarten
Saturday, August 11, 2:00 pm—3:00 pm
Library Main Community Room, 407 E. Chapman Ave.

Silverado
Family Drop-In Crafts
Saturday, August 4, 11:00 am — 2:00 pm
Library of the Canyons, 7531 East Santiago Canyon Rd.

Tustin
Movies in the Park: Beauty and the Beast
Thursday, August 2, 5:30 pm
Camino Real Park, 13602 Parkcenter Lane

Family Sunset Storytime
Wednesday, August 8, 5:00 pm
Tustin Library, 345 E. Main Street

Villa Park
Preschool Storytime
Tuesday, August 7, 10:00 am – 11:00 am
Villa Park Library, 17865 Santiago Blvd.

Yorba Linda
Sunday Concerts: Piano and Saxophone Duo
Sunday, August 5, 1:30 pm
Richard Nixon Library and Museum, 18001 Yorba Linda Blvd.

Art Techniques: Watercolor
Wednesday, August 8, 7:00 pm — 8:30 pm
Yorba Linda Public Library, 18181 Imperial Highway



For questions or comments regarding Spitzer’s E-Newsletter
please contact the Supervisor's office staff at: (714) 834-3330 or Montana.Sudul@ocgov.com
 
Table of Contents
orange arrow Supervisor Spitzer Speaks Against Outrageous State Approval of Needle Exchange Program
orange arrow Spitzer Continues to Call for Repeal of AB 1810: Newest Crime Law Violates Constitution and Buries Courts in Insurmountable Problems
orange arrow Supervisor Spitzer Thanks Pacific Symphony for Annual Summer Concert;
Sizzlin’ Summer Concert Series Continues in Irvine
orange arrow Supervisor Spitzer Hosts Tele-Town Hall on Active Shooter Preparation
orange arrow Supervisor Spitzer Supports Local Small Businesses and Restaurants at The Taste of Yorba Linda
orange arrow Stone Soul at Yorba Linda Concerts
orange arrow Never Swim Alone! A Reminder to Swim Safely this Summer
orange arrow OC Waste and Recycling Top 7 Waste Reduction Tips
orange arrow Silverado Canyon Road Pavement Rehabilitation: July 26—August 24
orange arrow Community Meeting: Live Oak Canyon Rd/Trabuco Canyon Rd Safety Improvement Project
orange arrow Concert in the (Villa) Park: August 3 at 7:00 pm
orange arrow Pet of the Week
orange arrow Events Around the District
DISTRICT STAFF
 
Melanie Eustice
Chief of Staff

Tori Richards
Communications Director

Martin Gardner
Policy Advisor

Kassee Moseley
Executive Secretary

Al Tello
Field Deputy

Montana Sudul
Communications Specialist

Leslie Eide
Office Assistant

 
 
District Map
third District Map
Anaheim, Irvine, Orange, Tustin, Villa Park, Yorba Linda, El Modena, North Tustin, Orange Park Acres, the Canyon Communities
 
 
Stay Updated!
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envelope icon Todd.Spitzer@ocgov.com
phone icon 714.834.3330
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