Supervisor Glover Scolds Antioch’s Action to Limit AB109 Services

Supervisor Federal Glover scolded the Antioch City Council today after they passed an emergency temporary ordinance on March 26 requiring all new AB109 service providers who would like to set up services in Antioch to get a conditional use permit.

During this past Tuesdays City Council meeting, the council voted 4-0 with Mary Rocha recused herself because she is on AB109 subcommittee. The temporary ordinance will be in effect for 45 days. During that time, city staff will move to amend their zoning code so they can have more regulatory authority over where in the city services are provided and hours of service.

“Our communities are safer with these services than without them,” said Glover. “A conditional use permit would cost each agency another $2,000 (nonrefundable) and more if they wished to appeal a decision. If you are familiar with these nonprofits, they usually operate on a shoestring budget. The fee and the process may be too onerous and might keep them from applying for the contracts.”

Here is the press release that went out today.

Supervisor reacts to Antioch action to limit AB109 services

PITTSBURG (March 28) — The Antioch City Council passed an emergency temporary ordinance March 26 requiring all new AB109 service providers who would like to set up services in Antioch to get a conditional use permit. The temporary ordinance will be in effect for 45 days. During that time, city staff will move to amend their zoning code so they can have more regulatory authority over where in the city services are provided and hours of service.

AB109 is Gov. Jerry Brown’s program that returns low-level offenders in the state prison system to the jurisdiction of the county. It has been in effect since October, 2011.

In response to the Antioch council’s action, Supervisor Federal Glover, whose District V covers part of Antioch, released the following statement today:

“I am surprised that Antioch city staff raised this concern — basically at the last minute — because Antioch officials have been part of the planning process from the start almost two years ago and have received notices about the planning meetings ever since then.

“The county has decided that funding for those services should go to the communities most impacted by the returning inmates. This council’s action places an unnecessary burden on the community-based organizations, which will be hard pressed to pay the additional fees.

“What Antioch needs to realize is that ex-felons are already in their city and are without the services that would be provided by these agencies. Without the programs and services, the likelihood of them reoffending is more likely.

“The high rate of recidivism — statistics on which city staff based their report — is based on the status quo, a system that is clearly not working. The report is based on ex-offenders who are currently not receiving the services that would help them successfully reintegrate into the community by helping them find a job and housing or receiving medical treatment.

“With the services the county and service providers want to provide – at no cost to the city or the police – we could reduce the number of people returning to incarceration.”

City Council Meeting Recap on AB109

Currently, here is the breakdown of where “AB109ers” live according to Antioch staff.

• Antioch – 107
• Richmond – 90
• Concord – 77
• Pittsburg – 72
• Martinez – 30
• Oakley – 14
• Brentwood – 14
• Walnut Creek – 12
• Pleasant Hill – 5

Although the council voted 4-0 for the temporary ordinance, Mayor Wade Harper had reservations.

“What I am thinking, these are people who already live of Antioch. Obviously we don’t want crime and want everyone to behave, I understand that, but what we are talking about is being able to offer services to individuals who were released early, offer services, allow them to reunify with families, having psychiatric services, educational services, vocational services to a majority of people who live right here to Antioch,” explained Harper. “Are we going to offer them services or are we going to hold off for 45-days? I am leaning towards certain restrictions allowing an ordinance near schools, not near parks, not near senior services, but in commercial, near social offices. I think we have a responsibility to allow these individuals to get the services they need to become responsible citizens.”

Councilman Gary Agopian stated the facts scare him as he explained that  California Department of Corrections reports that 46% return to prison after 6-months of release. Or 76% after 12-months.

“The reason for community supervision is because the state supervision have failed at their job in my opinion. Utterly failed at their job. I am offended that the fix for overcrowded prisons is to early release non-non-non serious, violent, sex offenders… but the help needed to be provided while they were in prison. If we are going to allow these types of facilities in Antioch that its prudent to study the issue and risk and put them in areas where they are not going to cause problems,” said Agopian.

Councilman Tony Tiscareno stated he wouldn’t mind supporting the 45-days in order to allow staff to better research and if certain conditions are met such as viable areas.

Additional Facts:

• On March 27 (yesterday), 50 individuals attended the Bidders Conference for those agencies wanting to provide these services.
• AB109 is the governor’s plan to reduce inmates in state prisons and to help balance his budget by returning the inmates to the county. It went into effect in October, 2011.
• The inmates who qualify for AB109 are the low-level offenders who are nonserious, nonviolent, non-sexual offenders. While most of them remain in county jail, the process of releasing some back into the community under Probation’s supervision is underway. Also in this population are those new local convicted offenders (since Oct. 2011) who fall under the non-non-non standards and who have never been sent to state facilities.
• The state is giving almost $20 million to the county to provide supervision of AB109ers. Most of the money is for Probation & the Sheriff’s Office.
• County has allocated $4.5 million to community-based organizations to provide services to be divided west county, 30%; central county, 30%; east county (particularly Pittsburg, Bay Point & Antioch), 40%.
• Antioch is the MOST HEAVILY IMPACTED city in the county.
• Parolees, probationers and AB109ers are already in living in Antioch WITHOUT the services that might help them succeed in reintegrating themselves in the community.
• Antioch is the ONLY city in the state — that we know of — to impose this type of action. In fact, most cities are begging for additional funds/help to cope with this mandate from the state.
• Compared to other parts of the county, east county (Antioch in particular) have very few resources for this population so if an existing service provider wants to expand to provide services or programs, they would have to apply for the conditional use permit.