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PLAN OF COOPERATION J
Orange County AB109 Crime Impact Task Force (AB109TF)
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This Plan of Cooperation (hereinafter referred to as "P.O.C.") forth e Orange County AB 109 Task
Force (hereinafter referred to as "AB109TF"), is made and entered into as of January 13, 2020,
by and between the signed members of the County District Attorney's Office (OCDA),,Qrge
County -Probation (OCR,.), and the Santa Ana Police Department (SAPD) to memorialize the
agencies' plans to cooperate in reduce the ongoing criminal activity committed by AB 109
individuals released to Orange County. The above -listed agencies may be referred to individually
as "Party" or collectively as "Parties."
I. OVERVIEW
In 2011, California Governor Jerry Brown signed Assembly Bill 109, (AB 109), which refined
felonies and shifted responsibility for both supervising and housing certain convicted felons and
parolees from the State to the County. This bill is commonly known as the "Public Safety
Realignment Act." With the passage of AB 109 and its companion bills, AB 117 and AB 118, any
person convicted of a non-violent, non -serious, non -sex offense (N3), crime after October 1,
2011, who would normally be sent to state prison, would now be incarcerated in county jail.
Under Realignment, almost all felons convicted of N3 crimes, now serve their time in county jail,
even if sentenced to over a year of custody or with previous convictions for more serious, violent
or sex crimes. Each of California's County Probation Departments are designated as the
responsible agency for Post Release Community Supervision (PRCS) and Mandatory Supervision
(MS) cases. Realignment also established the Post Release Community Supervision
classifications, and altered the parole revocation process giving more responsibility to local
jurisdictions.
In an effort to reduce criminal activity committed by individuals released to Orange County
through the Public Safety Realignment Act, the OCDA, Orange County Probation (OCP), and the
Santa Ana Police Department (SAPD) has formed an AB 109 Task Force to work with County law
enforcement agencies. The primary goal of the Task Force is be to reduce the number of
outstanding arrest warrants and the ongoing criminal activity of AB 109 individuals released to
Orange County.
II. PURPOSE
The purpose of this P.O.C. is to set forth policies and procedures for AB109TF to complete the
mission and objectives established by its Policy Committee as outlined in paragraphs III and IV.
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Ill. MISSION
In an effort to reduce criminal activity committed by individuals released to Orange County
through the Public Safety Realignment Act, OCDA, OCP, and SAPD will form an AB 109 Task Force
to assist County law enforcement agencies. The primary mission of the Task Force will be to
reduce the ongoing criminal activity committed by AB 109 individuals released to Orange County.
The Task Force will accomplish this mission by establishing a strategic and collaborative system
approach using crime analysis and enforcement actions with participating law enforcement
agencies to reduce both violent and property crimes. Investigative leads will be generated from
Task Force crime analysis and local law enforcement agencies. The Task Force and participating
law enforcement agencies will develop new criminal cases and successfully prosecute those
within the AB 109 population involved in ongoing criminal activity. The Task Force will also be
available to assist County law enforcement agencies, including the Probation Department, with
address verifications, compliance checks and the arrest of absconders and parolees at large.
A. CORE TEAM
• 1 OCDA Supervising Investigator
• 4 OCDA Investigators, vertical prosecution
• 1 Deputy District Attorney, vertical prosecution
• 1 SAPD Officer
• 1 Deputy Probation Officer
• 1 Research Analyst
• 1 DA Investigative Assistant
IV. OBJECTIVES
The District Attorney personnel will be embedded within the Santa Ana Police Department and
will work to build strong relationships with law enforcement agencies from both inside and
outside the County.
The Task Force will also work collaboratively with Units within the OCDA's Office, such as Human
Trafficking (HEAT), the Tri-Agency Resource Gang Enforcement Team (TARGET) and the Orange
County Auto Theft Task Force (OCATT), to address criminal activity within the purview of these
Units committed by those identified within the AB 109 population. The District Attorney's Office
will also provide vertical prosecution of new cases evolving from the AB 109 Task Force.
The Task Force will produce strategic crime data analysis regarding crime patterns involving those
individuals within AB 109.
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The Task Force will ensure the highest priority is given to those individuals on active Mandatory
Supervision (MS), due to the high recidivism rate among this group.
V. TASKFORCE ORGANIZATION
A. POLICY COMMITTEE
The Task Force Policy Committee will be composed of the heads of the OCDA Bureau of
Investigation, OCP, and SAPD. In his/her absence, the head of each participating agency may
appoint a designee on their behalf. The Committee will be responsible for the approval of goals,
objectives, and general policies and procedures that relate to the operation of the team. It will
meet on an as needed basis to discuss AB109TF activities and mission accomplishments.
B. OPERATIONS COMMITTEE
The Operations Committee will be composed of a law enforcement manager (Lieutenant or
above) from OCDA, OCP, and SAPD assigned to the AB109TF. This Committee will have
responsibility for the development and implementation of day-to-day operating policies and
procedures. It will meet on a regular basis. Additional team members needed to make
operational decisions may be included in committee meetings, as required.
C. DISTRICT ATTORNEY'S OFFICE
As authorized by Government Code Section 26500.5, the OCDA agrees to provide one (1) full-
time Supervising District Attorney's Investigator to supervise OCDA personnel assigned to the
Task Force and to act as a representative for the Office on AB109TF matters.
The OCDA will provide four (4) full-time District Attorney's Investigators, one (1) Research
Analyst, and one (1) Investigative Assistant, assigned exclusively to the Task Force who will assist
local law enforcement agencies in developing new criminal cases against identified AB 109
individuals.
The OCDA will also provide vertical prosecution of new cases evolving from the AB 109 Task
Force.
Each staff person assigned by the District Attorney shall remain employees of the County of
Orange, with all benefits, rights and obligations accruing therefrom, and will, in no way, be
considered an employee or subcontractor of the Santa Ana Police Department.
D. ORANGE COUNTY PROBATION
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The OCP agrees to assign one (1) full-time Deputy Probation Officer to work on AB109TF projects
and cases. The assigned Deputy Probation Officer will work with other AB109TF team members
in meeting the mission and objectives of the Taskforce. The assigned Deputy Probation Officer
will remain an employee of the County of Orange, with all benefits, rights and obligations
accruing therefrom, and will, in no way, be considered an employee orsubcontractor of the Santa
Ana Police Department.
E. SANTA ANA POLICE DEPARTMENT
The SAPD agrees to assign one (1) full-time Detective to work on AB109TF projects and cases.
The assigned Detective(s) will work with other AB109TF team members in meeting the mission
and objectives of the Task Force.
In addition, SAPD has agreed to provide workspace and phone service at its location for the Task
Force members.
Each staff person assigned by the Santa Ana Police Department shall remain employees of the
City of Santa Ana, with all benefits, rights and obligations accruing therefrom, and will, in no way,
be considered an employee or subcontractor of the County of Orange.
VI. COSTS
To enhance team communication and responsiveness, Task Force team members will be
physically co -located at the SAPD. There will be no cost to participating agencies for use of space
or phone service at SAPD, which may be reviewed annually. Any agreement to share costs for
workspace or phone services in the future shall be fully negotiated and require an amendment
to this POC. The workspace will remain available until such time as the needs of SAPD
necessitate. In the event space becomes an issue, SAPD will provide sufficient notice to OCDA
and OCP.
Travel and safety equipment expenses will be the burden of the employing agency.
VII. AMENDMENTS TO THE P.O.C.
By a majority vote of the quorum, the Policy Committee may amend any portion of this P.O.C. or
add additional participant(s), as long as such amendments are done in writing and do not
materially alter the obligations of the parties herein.
Vill. TERM OF THE AGREEMENT
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This P.O.C. shall commence on January 13, 2020, and remain continuously in effect until the
termination of the Task Force. Any participating agency desiring to terminate its participation in
this agreement may cease its participation without notice to the Policy Committee.
IX. NO EXECUTORY OBLIGATIONS
This P.O.C. is intended only as a framework within which the parties intend to pursue a common
objective. It is not intended to be a contract and does not create any mutual obligations. The
parties agree that there shall be no legal sanctions available for its enforcement, or for any
alleged "breach".
X. AUTHORIZATION
The undersigned state they represent and have the authority to execute this P.O.C. on behalf of
their respective agencies and, in signing this P.O.C., concur with and support the AB109TF
mission, as set forth in this P.O.C. and for the period and purposes as stated herein. The parties,
by their duly authorized officials, have executed this POC on the respective dates indicated
below.
Paul Walters, Bureau Chief
Orange County District Attorney's Office
Steven Sentman, Chief Probation Officer
Orange County Probation
David n in, Chief of Police
Santa Ana Police Department
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Date
Date
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Da e
N-2020-145
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attor ey
By:
TANfAkA BOGOSIAN
!3QA tdv' Assistant City Attorney
CITY OF SANTA ANA
-KRfSTINE RIDGLF
City Manager