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Local ICE billboards focus on human trafficking

U.S. Immigration and Customs Enforcement (ICE) has put up three Bay Area billboards – two in Oakland, one in San Francisco – as part of a 15-city outdoor advertising campaign to call attention to the evils of human trafficking.

The “Hidden in Plain Sight” campaign urges the public to take action if they encounter people who they believe are being sexually exploited or forced to work against their will. Other cities targeted by the campaign are Atlanta, Boston, Dallas, Detroit, Los Angeles, Miami, Philadelphia, Newark, N.J., New Orleans, New York, St. Paul, Minn., San Antonio and Tampa, Fla.

“Most Americans are shocked to learn that in this day and age slavery still exists in this country, including here in the Bay Area,” Mark Wollman, special agent in charge of ICE’s Office of Investigations in San Francisco, said in a news release. “ICE is committed to giving trafficking victims the help they need to come forward so we can put an end to this reprehensible form of modern-day slavery. We are asking the public to help us recognize and identify these victims in our midst – domestic servants, sweat shop employees, sex workers and others lured here by the promise of prosperity, but then forced to work without the ability to leave their situation.”

Just last month, a Walnut Creek woman was convicted on federal charges for having smuggling a Peruvian national into the United States and making her work as a live-in nanny and domestic servant, without pay. Mabelle de la Rosa Dann, 46, faces up to 75 years in federal prison; her sentencing is scheduled for January.

But ICE says identifying victims and their persecutors is tough, as victims often don’t speak English while traffickers often seize victims’ travel and identity documents and threaten their families back home. Although ICE estimates 800,000 men, women and children are trafficked into the sex trade or forced-labor situations around the world each year, ICE launched just 432 human trafficking investigations – 262 involving the sex trade, 170 involving forced labor – in fiscal 2008; in that same year, ICE’s human trafficking investigations led to 189 arrests, 126 indictments and 126 convictions.

That’s under federal law. Here in California, the Penal Code defines someone guilty of human trafficking as “(a)ny person who deprives or violates the personal liberty of another” for purposes of prostitution, child pornography or extortion, “or to obtain forced labor or services” – the victim need not be an immigrant. Oakland’s problems with such trafficking are well-documented, and shocking.

Gov. Arnold Schwarzenegger recently signed into law AB 17 by Assemblyman Sandre Swanson, D-Alameda, which boosts the financial penalties for those convicted of the human trafficking of minors and lets law enforcement seize their assets. Under this new law, half the money collected from such fines and seizures will go to community-based organizations helping underage victims of human trafficking.

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Posted on Thursday, November 5th, 2009
Under: Assembly, General, Oakland, Public safety, Sandre Swanson | 1 Comment »

Report: Vets need consideration in drug cases

California is doing more than many states, yet perhaps not yet enough, to deal with veterans returning from war with disorders and injuries that lead to drug abuse, according to a national organization’s new policy brief.

The Drug Policy Alliance’s brief says as thousands of troops return from Iraq and Afghanistan with post-traumatic stress disorder (PTSD), traumatic brain injuries and other maladies, many could end up in trouble with the law, especially for nonviolent drug offenses. The brief says that in 2004, about 140,000 veterans were in state and federal prisons with tens of thousands more in county jails, many for crimes related to substance abuse.

The brief recommends that the U.S. Department of Veterans Affairs and Department of Defense adopt overdose prevention programs and policies targeting veterans and service members who misuse alcohol and other drugs, or who take prescription medications, especially certain narcotic painkillers.

It also calls for veteran treatment programs to expand access to medication-assisted therapies like methadone and buprenorphine, which it says are the most effective means of treating opioid dependence. And state and federal governments should modify sentencing laws and improve court-ordered drug diversion programs in order to better treat — rather than lock up — veterans who commit nonviolent drug-related crimes, the brief says.

On that latter suggestion, California is making some headway, the report says:

A California law provides that veterans who suffer from PTSD, substance abuse or psychological problems as a result of their service in combat and who commit certain nonviolent offenses may be ordered into a local, state, federal or private nonprofit treatment program instead of jail or prison. The law, however, is not widely used; many defense attorneys are not even aware of its impact for their clients, and it does not automatically apply to veteran defendants. Furthermore, the law only applies to lesser, probation-eligible offenses, so many veterans do not make use of it, choosing standard probation instead.

And…

Legislation now in the California Assembly, Assembly Bill 674, would provide for diversion of psychologically wounded veterans to therapy instead of jail or prison, and would drop charges upon completion of therapy, for probation-eligible offenses. Drug testing results could only be used for treatment purposes, not as the basis of a new criminal charge. The defendant would not have to plead guilty and would emerge with no criminal record.

Assembly Veterans Affairs Committee Chairwoman Mary Salas, D-Chula Vista, introduced AB 674 in February but asked in April that its Public Safety Committee hearing be cancelled. Salas will chair a Veterans Affairs Committee hearing this Thursday morning, Nov. 5, in San Diego on veterans’ courts and alternative sentencing.

“Increasing numbers of Iraq and Afghan War veterans are returning home with psychological injuries. Many of them are going untreated and, some are encountering problems with the law,” she said in her news release announcing the hearing. “Our country has a duty to our most troubled veterans. We must recognize that these veterans’ psychological injuries were sustained on our society’s behalf. We need to consider if their injuries should be taken into account in the administration of justice. Ensuring these young men and women receive the care they need will also enhance public safety in the long run.”

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Posted on Tuesday, November 3rd, 2009
Under: Afghanistan, Assembly, Iraq, Public safety | Comments Off

AG candidates oppose marijuana legalization

I’ll have a story in Sunday’s editions about what legalized marijuana might look like were any of the proposed ballot measures now circulating for petition signatures, or a bill now pending in the Legislature, to be enacted. In trying to characterize law enforcement’s opposition, I decided to check in with all of the candidates for California Attorney General. And, don’tcha know, all the folks who responded are dead set against legalization.

From Assembly Majority Leader Alberto Torrico, D-Newark:

“Cannabis is a powerful medicine appropriate and necessary to treat the side effects of many serious illnesses, from HIV/AIDS to cancer. It is not, and should not be made into, a legal recreational drug or a new revenue source. We need to support the appropriate medical use of marijuana with strong new regulations and oversight of medical marijuana collectives.

“Even in the midst of this terrible fiscal crisis, the last way we want to balance our budget is by putting the state in the position of profiting from recreational drug use.”

From Brian Brokaw, campaign manager for San Francisco District Attorney Kamala Harris, a Democrat:

“As a career prosecutor, District Attorney Harris believes that drug selling harms communities; it is not a ‘victimless crime,’ as some contend. While the D.A. supports the legal use of medicinal marijuana, she does not support the legalization of marijuana beyond that.”

From former Facebook Chief Privacy Officer Chris Kelly, a Democrat:

“California led the nation in passing the Compassionate Use Act of 1996. Now that the U.S. Justice Department has said they will not enforce the federal law against states, we should ensure that existing state law in California on this specific issue is appropriately implemented, including building the necessary regulatory structure, before we take any next steps. Therefore, I oppose all 3 measures and the Ammiano bill.”

From Tim Rosales, campaign manager for state Sen. Tom Harman, R-Huntington Beach:

“Tom Harman does not support any further liberalization of drug laws, including marijuana.”

Spokespeople for Assembly members Ted Lieu, D-Torrance, and Pedro Nava, D-Santa Barbara, didn’t return my e-mail, nor did former Los Angeles City Attorney Rocky Delgadillo’s campaign.

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Posted on Friday, October 30th, 2009
Under: 2010 election, Alberto Torrico, Attorney General, Kamala Harris, ballot measures, marijuana | 2 Comments »

Ammiano responds to Arnold’s veto dig

Assemblyman Tom Ammiano, D-San Francisco, seemed to accept Gov. Arnold Schwarzenegger’s encoded upbraiding – hidden in an Oct. 12 veto message, responding to Ammiano’s Oct. 7 invitation to “kiss my gay ass” – with bemused resignation this morning.

He called it “a very creative way of exercising veto power,” and said he’ll reintroduce his bill – dealing with financing mechanisms for the Port of San Francisco – next year despite being “very disapponted” by this veto.

“I guess the governor is feeling his oats,” Ammiano said, discounting any possibility that the message was coincidental. “I feel there was a point to the way it was designed, yes.”

Ammiano took questions about the matter during a news conference before an informational hearing about marijuana legalization, on which he introduced a bill earlier this year. Asked whether he believed Schwarzenegger would sign such a bill, he quipped, “It would be an interesting veto message, wouldn’t it? Rich in potential.”

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Posted on Wednesday, October 28th, 2009
Under: Arnold Schwarzenegger, Assembly, General, Tom Ammiano | 1 Comment »

FPPC clears Fabian Nunez of two complaints

California’s Fair Political Practices Commission has cleared former Assembly Speaker Fabian Nunez, D-Los Angeles, of accusations that he illegally lived high on the hog using campaign funds and funneled contributions through a nonprofit organization.

One FPPC letter to Nunez dated Oct. 14 deals with a complaint the commission received two years ago alleging that his and his committee’s spending “appeared inappropriate and were in violation of the personal use provisions of the Political Reform Act.” That complaint had included detailed listings of more than $155,000 in spending between January 2005 and June 2007.

Several days before this complaint was filed, the Los Angeles Times had run an article detailing some of Nunez’ spending at high-end restaurants, hotels and boutiques around the world.

The letter says the FPPC reviewed the complaint’s information, and notes that the Franchise Tax Board had audited Nunez’ campaign statements for January 2004 through December 2006, making no findings of impropriety.

“Based on our review, it appeared likely that the expenditures identified in the complaint were legitimate and would not violate the personal use laws,” the letter says. “Expenditures for items such as florists, food, gifts, meetings, fundraising and travel are routinely made by many candidates and officeholders using campaign funds, and these expenditures are reasonably related to a political, legislative or governmental purpose. For expenditures that may have conferred a substantial personal benefit on you, we determined that it appeared likely or that you would be able to establish that these expenditures were directly related to a political, legislative or governmental purpose.”

Based on that, the letter says, the FPPC didn’t conduct an in-depth investigation and has now closed its file on the matter.

In another Oct. 14 letter, the FPPC said it also has closed its file on a 2008 complaint that Nunez violated the Political Reform Act’s contribution-limit provisions in 2005 and 2006 with payments made through a nonprofit called Collective Space Inc. The complaint claimed some contributors who’d already maxed out their legal contributions to Nunez gave more money through the nonprofit for charitable events featuring Nunez and benefiting him politically.

This letter says the FPPC’s review found payments were made to Collective Space at Nunez’ behest even while he and his staff were involved with its events, but “this is not prohibited, and the Speaker’s or his staff’s involvement in the event, or the inclusion of the Speaker’s name in a charity event or its advertising, would not violate the Act or cause the payments to Collective Space to qualify as contributions.”

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Posted on Tuesday, October 27th, 2009
Under: Assembly, Fabian Nunez, General, campaign finance | 3 Comments »

Torrico tries to make hay from straw poll

The state Attorney General campaign of Assembly Majority Leader Alberto Torrico, D-Newark, today trumpeted its “overwhelming victory” in a straw poll taken yesterday by the San Mateo County Democratic Party.

The county party, meeting at the South San Francisco Conference Center, heard from candidates for several statewide offices or their surrogates.

County committee chairman David Burruto said Torrico and former Facebook Chief Privacy Officer Chris Kelly were the only candidates for Attorney General who were there in person, while San Francisco District Attorney Kamala Harris sent a surrogate to speak on her behalf and Assemblyman Ted Lieu, D-Torrance; Assemblyman Pedro Nava, D-Santa Barbara; and former Los Angeles City Attorney (and 2006 Attorney General Democratic primary candidate) Rocky Delgadillo were absent and unrepresented.

The straw poll’s results:

    Torrico — 85 votes (51.2%)
    Harris — 44 votes (26.5%)
    Kelly — 31 votes (18.7%)
    Lieu — 5 votes (3%)
    Delgadillo — 1 vote (0.6%)
    Nava — 0 votes

Now, this is about as far from a scientific survey that you can get: Bless their souls for not being apathetic, but it’s a bunch of party apparatchiks from a pretty liberal county, not a representative sampling of the party’s sentiment statewide. And it’s only 166 votes, too small a sample to mean much of anything.

That said, Torrico – whether by virtue of actually showing up and pressing the flesh, or of being an accomplished party player himself, or of being a better candidate – did have a wide victory margin in a county right next to both his and Harris’.

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Posted on Monday, October 19th, 2009
Under: 2010 election, Alberto Torrico, General, Kamala Harris | Comments Off

CoCo DA’s union endorses O’Malley

Dan OMalley

Dan O'Malley

The Contra Costa County Deputy District Attorneys Association last night endorsed Dan O’Malley to replace retiring District Attorney Bob Kochly, said group spokesman Barry Grove:

The Deputy DA’s Association is pleased to announce its endorsement of Judge Dan O’Malley for Distirict Attorney. We believe Judge O’Malley to be, by far, the best qualified of any candidate and fully support his election to lead us in the fight against crime in Contra Costa County. Therefore, once again, the Deputy DA’s Association endorses Judge Dan O’Malley for District Attorney.

Other declared district attorney candidates including Concord Councilman and Deputy District Attorney Mark Peterson and Danville attorney Elle Falahat.

Endorsements are rarely newsworthy. Most are predictable. But in professional occupation offices such as the district attorney or sheriff, support from within the department signals to the public which of the candidates has the most confidence of the employees from within the agency that he  the endorsement from the agency they may one day manage.

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Posted on Friday, October 16th, 2009
Under: Assembly, Contra Costa politics, General | No Comments »

Thrill of victory, agony of defeat

As the governor wielded his pen last night, state lawmakers from Alameda County saw victories on issues such as human trafficking, medical insurance recission and traffic congestion as well as defeats on issues such as ballot measure petition reform, trade agreements and electronic cigarettes.

Follow me after the jump for details on some of the winners and losers…
Read the rest of this entry »

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Posted on Monday, October 12th, 2009
Under: Alberto Torrico, Arnold Schwarzenegger, Assembly, California State Senate, Ellen Corbett, General, Loni Hancock, Mary Hayashi, Nancy Skinner, Sandre Swanson | Comments Off

More lawmaker reaction to Arnold’s veto threat

(UPDATE @ 11 A.M. MONDAY 10/12: I’ve updated this post throughout to denote which bills the governor signed and which bills he vetoed.)

Lisa and I worked up a story about East Bay lawmakers’ bills being held ransom as Gov. Arnold Schwarzenegger threatens a blanket veto this weekend unless Legislative leaders cut a deal on the state’s water problems. As print space is limited, I thought I’d post some of the lawmakers’ comments in fuller form here.

Assembly Majority Leader and state Attorney General candidate Alberto Torrico, D-Newark, said Friday that if the governor follows through on his veto threat, he’ll unveil a bill Monday explicitly banning exactly this type of legislative and executive “extortion” in the future. Torrico had asked state Attorney General Jerry Brown to probe whether the blanket veto threat already violates the California Constitution’s and Penal Code’s ban on such quid pro quos, but Brown said Friday he’ll not do so.

“This is a new low for the governor, but it really is in keeping with the tenor and tone in Sacramento of negotiation through ransom notes,” Torrico said.

Torrico cited Legislative Republicans’ successful moves in recent years to exact policy wins such as tax breaks for the horse-racing industry and a ballot measure that would create an open-primary electoral system, in return for their votes on the state budget.

He’s concerned about three bills he authored: AB 1049, (VETOED) adding the state Safely Surrendered Baby Fund to the state income tax return form’s voluntary contributions section; AB 1270, (VETOED) making it easier for victimss to receive compensation from the Victim’s Compensation and Government Claims Board in a timely manner by requiring the board to have written procedures and time frames in place as suggested by a state audit report; and AB 665, (SIGNED) to ensure that federal incentive payments given to California for increasing the number of youth adopted out of foster care will be distributed to counties to fund activities to improve legal permanency outcomes for foster youth ages nine or older.

Staffers for state Sen. Loni Hancock, D-Berkeley, said she’s concerned about two bills she has waiting on the governor’s desk.

SB 83 (SIGNED) would let county transportation planning agencies put measures on their counties’ ballots to impose fees of up to $10 per vehicle to raise money for local projects to ease traffic congestion. The Senate passed this on a 23-17 vote, the Assembly on a 46-31 vote.

And Hancock’s SB 279 (VETOED) would let cities and counties create local financing authorities to help property owners pay up front for solar-energy systems, energy efficiency improvements and water conservation measures; initial funding would come from a bond fund to be repaid over time through an assessment on the tax bills of the participating property owners. The Senate passed this 25-8, the Assembly 58-19.

State Sen. Ellen Corbett, D-San Leandro, noted she has 14 bills awaiting the governor’s action – more than any other Senator – dealing with issues such as lengthening the notice given to the state and requiring public hearings before a hospital emergency room can be shut down (SB 196, VETOED); halting sales of electronic cigarettes, currently unregulated and sometimes marketed to children (SB 400, VETOED); updating the list of public school facilities that need to be seismically retrofitted (SB 305, VETOED); and reducing fraud by barring petition signature gatherers from being paid per signature (SB 34, VETOED).

“Every member of the legislature works long and hard to craft meaningful legislation. The bills would not be on the Governor’s desk if they did not have merit,” she said. “These bills are not just pieces of paper. Each one will have an impact on Californian’s lives.”

Assemblywoman Mary Hayashi, D-Castro Valley, said she believes the governor will review every bill on its own merit

“These are vital issues to the people of California and I am sure that he will give careful consideration to each of these bills,” she said, noting she has 13 bills on the govenror’s desk. “My top priorities include AB 1386, (SIGNED) which will resolve a 40-year old dispute over a Caltrans project in my district and address local transportation and housing needs.”

She’s also concerned about AB 73, (SIGNED) without which Alameda County will risk losing its groundbreaking violence prevention program, Hayashi said. “Lastly, AB 108 (SIGNED) is critically important, because we need to protect consumers from having their health insurance policies rescinded, especially at the very moment they need costly treatment and life-saving services”

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Posted on Sunday, October 11th, 2009
Under: Alberto Torrico, Assembly, California State Senate, Ellen Corbett, General, Loni Hancock, Mary Hayashi | Comments Off

Skinner urges Arnold to sign energy-efficiency bill

Assemblywoman Nancy Skinner, D-Berkeley, and a bevy of energy-efficiency experts gathered in Berkeley this morning to urge the governor’s signature of a bill that would move California toward retrofitting its older buildings to save billions in energy costs.

The bill, AB 758, co-authored by Skinner and Assembly Speaker Karen Bass, D-Los Angeles, would direct the California Energy Commission to develop and implement a comprehensive program for bringing the state’s older residential and commercial building stock up to modern energy-efficiency standards in terms of lighting, heating, insulation, water consumption and other parameters. Skinner said she was inspired by a pair of ordinances Berkeley enacted almost 30 years ago, which have resulted in that city having the lowest per-square-foot energy consumption in the state.

About 75 percent of California’s homes and apartments, and more than 5 billion square feet of commercial space, pre-date the modern standards, leaving them as “the largest source of untapped energy savings in the state,” Skinner said at the news conference outside L.J. Kruse Co., a plumbing, heating and cooling company which retrofitted its warehouse to meet the Leadership in Energy and Environmental Design (LEED) Green Building Rating System’s “platinum standard.”

Taking steps to have other business and home owners do the same could bring California 12 percent of the way toward meeting its carbon emissions reduction goals set out by its landmark global warming law, AB 32, Skinner said. She said it could reduce the state’s energy use by 6,000 megawatts – that’s two million homes’ worth, eliminating the need for a dozen new 5,000-megawatt natural-gas power plants. And, she said, a $1 billion investment – not allocated by this bill – would translate into 6,700 stable, good-paying jobs.

The bill would require the energy commission to undertake its work with funding from the American Recovery and Reinvestment Act economic stimulus money already allocated to California, Skinner said. The state Senate passed it on a 27-8 vote Sept. 10, and the Assembly passed it on a 51-27 vote the next day.

More on the bill, and on the governor’s stance, after the jump…
Read the rest of this entry »

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Posted on Tuesday, October 6th, 2009
Under: Arnold Schwarzenegger, Assembly, Environment, Global warming, Nancy Skinner, economy, energy | 2 Comments »