2007 graffiti summit summary - venturacog.org

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2007 Graffiti Summit Summary December 5, 2007

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Page 1: 2007 Graffiti Summit Summary - venturacog.org

2007 Graffiti Summit

Summary

December 5, 2007

Page 2: 2007 Graffiti Summit Summary - venturacog.org

TABLE OF CONTENTS

Summit Agenda……………………………………………………………………….. 3 Overview of Summit……………………………………………………………………6 Presentations by City of Oxnard …..……………………………………………… 10 Presentations by City of Camarillo ………………………………………………… 15 Presentation by City of Simi Valley ………………………………………………… 21 Presentation by Ventura County Superior Court …………………………………. 24 Presentation by Ventura County District Attorney’s Office ……………………… 26

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970 Ventura StreetSanta Paula, CA 93060

GRAFFITI SUMMIT 2007

Camarillo Public Library Community Room 4101 Las Posas Rd. Camarillo, CA 93012

December 5, 2007 8:30 a.m. – 12 Noon

I. WELCOME, SUMMIT GOALS, AND OBJECTIVES 5 minutes

Hon. Carl Morehouse, Councilmember, City of Ventura, VCOG Chairman II. SELF-INTRODUCTIONS 5 minutes III. GRAFFITI IN VENTURA COUNTY 5 minutes

Characteristics, locations, and perpetrators; impacts; identified trends; general strategies to address graffiti

Cyndi Hookstra, Graffiti Task Force Administrator, City of Oxnard

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970 Ventura StreetSanta Paula, CA 93060

IV. LOCAL GRAFFITI PROGRAMS 75 minutes

A. Municipal Best Practices

Camarillo Sr. Deputy Jason Hendren, Camarillo Police Department

Fillmore Joe Zuniga, Public Works Director

Moorpark David Lasher, Sr. Management Analyst, Community

Development Department

Ojai Mike Culver, Acting Director of Public Works, Ruben Martinez, Maintenance Supervisor

Oxnard Dr. Thomas Holden, Mayor, Graffiti Task Force Chair, Hon.

Timothy Flynn, Councilmember, Graffiti Task Force Vice Chair, R. Jason Benites, Assistant Chief of Police, Cyndi Hookstra, Graffiti Task Force Administrator

Port Hueneme Joseph Gately, Director of Housing and Facilities

San Buenaventura Chris Palmieri, Public Works Supervisor

Corporal Al Gomez, Ventura Police Department

Santa Paula Sgt. Ismael Cordero, Officer Richard Mendez Santa Paula Police Department

Simi Valley Lieutenant Gregory Riegert

Simi Valley Police Department

Thousand Oaks Hans Faber, Landscape Supervisor

10 minute break

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970 Ventura StreetSanta Paula, CA 93060

B. Law enforcement 50 minutes

Ventura County Superior Court Judge Manuel Covarrubias Juvenile Court Judge

Ventura County District Attorney Chief Assist. D. A. James Ellison

Deputy D. A. Robert S. Denton

Ventura County Probation Department Sr. DPO Don Burton

V. ROUNDTABLE DISCUSSION 55 minutes

Wally Bobkiewicz, City Manager, City of Santa Paula, VCOG Interim Executive Director, Moderator

Successful strategies

Gaps in programs

Where do we need/want to focus—individually/jointly?

Possibilities for program/strategy coordination and cooperation

Implementation, requirements

Possible long/short – term goals/steps, innovations and retreats

Immediate Steps and Summit Follow- up

VI. CLOSING REMARKS 5 minutes

Hon. Carl Morehouse

The Ventura Council of Governments (VCOG) sponsored Graffiti Summit 2007.

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The Ventura Council of Governments sponsored Graffiti Summit 2007, the first

meeting of its kind in Ventura County, on December 5 at the Camarillo Public Library.

The Summit featured invited speakers from the 10 Ventura County cities and local law

enforcement, the Ventura County Superior Courts, the D. A.’s Office, and the County

Probation Department.

Among the 75+ attendees were staff and interested parties from the Ventura

County Transportation Commission, Caltrans, the Moorpark School District, the Pleasant

Valley Recreation and Parks, Southern California Edison, the County of Santa Barbara,

the Moorpark Graffiti Coalition, the Community Action Partnership, VPD – VIPs, and the

Ventura County WPD.

Private graffiti abatement companies in attendance included: Crime Point; Crime

Stoppers; Glass Scratch Removal; Protectol; and Urban Restoration Group.

Hon. Carl Morehouse, Councilmember, City of Ventura, kicked - off the event,

calling it a call to action to local jurisdictions to cooperate and coordinate their

programs. He noted that one of the Summit’s objectives was to consider developing a

countywide graffiti ordinance.

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Graffiti in Ventura County

Cyndi Hookstra, Oxnard Graffiti Task Force Administrator briefly discussed the

changes in graffiti in Ventura County and the associated impacts on local governments.

Local Programs

Invited speakers discussed their programs’ staffing; technologies and equipment,

companies employed; budgets, and graffiti incidents, and best practices. Exhibit 1

provides a summary of Ventura County graffiti trends, program approaches, best

practices, issues, and recommendations. See Exhibits 2 – 8 for power point

presentations made by staff of the cities of Camarillo, Simi Valley, Oxnard, and Ventura;

the D. A.’s office, the Ventura County Superior Court, and the Camarillo Police

Department.

Strategies and practices

Smaller cities noted more modest budgets and simpler tools (e.g., hotlines and

photo documentation), while larger jurisdictions and agencies indicated budgets of

$250,000 or more and demonstrated their programs use of video surveillance, and

computerized graffiti tracking, reporting, and identification.

Camarillo, Oxnard, Simi Valley, and Ventura were cited as leaders in graffiti

abatement. MySpace was cited as an effective innovative strategy to identify taggers.

The “Parent Project,” a 10-week class was discussed as an example of a highly effective

intervention program. Staff of the Sheriff’s Department mentioned that a common

camera system is being established. Conferees learned about cities that require the

application of graffiti-resistant coatings to protect buildings at the time of construction.

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A vendor mentioned that inexpensive, fake video cameras are being installed to deter

vandals. Future law enforcement goals include maintaining the same level of

cooperation among law enforcement agencies in the county, and doing more to provide

information on the impact of graffiti on victims and the community.

Roundtable Discussion

Wally Bobkiewicz, VCOG Interim Executive Director and City Manager, City of

Santa Paula concluded the “Best Practices” technical portion of the Summit with a

roundtable discussion on what the participants wanted to pursue after the Summit.

Consensus Points

1. Caltrans and the railroads should participate in graffiti abatement.

2. Graffiti programs should include prevention strategies, identification of at-risk youth,

involve the school districts and school curriculum.

3. The cities should begin discussions of sharing graffiti abatement strategies,

resources.

4. Newer technologies should be incorporated into graffiti abatement programs.

5. The cities should use collective political power and engage legislators and senators

and at the federal level.

6. VCOG will set up a follow-up meeting with principals of each city to discuss best

practices and strategies, and to put together a model countywide graffiti ordinance.

Closing Remarks

Hon. Carl Morehouse emphasized that VCOG has been in existence for 15 years

and can coordinate and advance region-wide issues.

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Draft RECAP OF GRAFFITI SUMMIT 2007 December 14, 2007

GRAFFITI TRENDS AND CHARACTERISTICS

GRAFFITI PROGRAM APPROACHES

GRAFFITI PROGRAM BEST PRACTICES GRAFFITI PROGRAM ISSUES

ROUNDTABLE RECOMMENDATIONS

Costs are rising costs: monetary and quality of life

Attitudes: need for passion, to get angry about the problem

Communication and collaboration. Consistent practice among cities.

Need for courts, probation institutions to work with VCOG, policy makers, and other institutions

Cost sharing based on size, county-wide tracking and training resources. Web-based?

Significant increases number of incidents

Community oriented and collaborative

Share knowledge with allied agencies - County Task Force

Legal aspects of getting things cleared up, lighting railroad trestles, and need for assistance and ideas on where to apply pressure.

Work with Caltrans, railroads, VCTC

Graffiti becoming more violent Reactive and proactive programs

Law enforcement - Street Terrorism & Enforcement Prevention Act (STEP) (186.22), VC Graffiti Task Force

Variety/consistency in mechanisms to address graffiti: graffiti ordinances, administrative citations, municipal code Model ordinances, fines

Involves gangs, non-gang members

Strategies: prevention, intervention, investigation, enforcement, punishment

Immediate clean-up. Surveillance. Chemicals and coatings

Need agenda at the state level, collective political power

"Tagger of the Week", Ventura Star Program, City Core Program

More “oners.” Schools and education

Outreach and Education programs, “Graffiti is everyone’s problem”

Financial responsibility of parents to age 18

Prevention models, Education, I.d. AAt-risk families

Includes bored youth from middle class and youth from at-risk families

High-tech and low-tech strategies, monitoring, inspections, tracking

Stakeholder involvement, including neighborhood groups, courts, probation, youth (e.g., Cal State Channel Islands “G.A.K. Buckets, TARP)

Legislation at federal level – fines, fees, tax intercept

Inexpensive, fake video cameras, infrared cameras, dedicated lines, common camera systems, emerging and wired technologies

"Shoefitti"Graffiti ordinances and other municipal code

Automated tracking and reporting, MySpace pages Model ordinance

Reallocate resources around public safety

Social assessments of family, mentoring, parenting classes

Parent education programs, victim awareness Limited resources

Coatings applied at construction to protect buildings.

Victim awareness

Prevention: most effective and quicker in fight against graffiti if residents use it themselves with the right paint

Variety/consistency in mechanisms to address graffiti: graffiti ordinances, administrative citations, municipal code

VCOG to follow-up with principals of each jurisdiction

Probation, wardship, misdemeanors, felonies

Ventura county Probation Agency Graffiti Offender Class

Schools and education - curriculum treated as partners

Business compliance with code

Communication with CalTRANS,Metrolink, Amtrak, and other stakeholders.

Outreach - make efforts more visible in community9

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• Decreases property values.

• Absorbs tax payer dollars.

• Creates blight in neighborhoods.

• Attracts other forms of criminal activity.

Consequences to the CommunityConsequences to the Community

• According to the Department of Justice, offenders are typically young males ranging in age from 15 to 23. Statistically, of that group the majority are 16 years of age and younger.

• Young females are typically associates of their male counterparts. However, their participation in this crime is growing.

Who they are?Who they are?

• Relief from boredom• Peer pressure• Lack of adult supervision• Notoriety• Claiming territory• Gang or tagging crew affiliation

Motives for Graffiti VandalismMotives for Graffiti Vandalism

• Timely reporting and rapid removal.

• Enforce existing state laws and municipal ordinances.

• Update and strengthen municipal codes and ordinances to increase accountability and punishments.

General Eradication StrategiesGeneral Eradication Strategies

• Structure a cost based restitution program.

• Mandatory community service hours.

• Involve the community in the eradication efforts.

Eradication Strategies con’tEradication Strategies con’t

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• City Manager’s Office• City Attorney’s Office• Police Department• Graffiti Action Program (GAP)• Code Compliance Division• Various Divisions of Public Works

Graffiti Task Force ResourcesGraffiti Task Force Resources

• Prevention

• Intervention

• Enforcement

Key Program ComponentsKey Program Components• Outreach & Education Programs.

• Graffiti Action Kits (GAKs)/Volunteers.

• Make the schools a partner in the battle.

• Graffiti Removal – Graffiti Action Program (GAP)

PreventionPrevention

• Mandatory Community Service hours.

• Neighborhood Cleanups.

• Ventura County Probation Agency Graffiti Offender Class Presentation.

• Develop a restitution recovery program.

InterventionIntervention

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Enforcement strategies

Jason BenitesAssistant Police Chief

Investigative Services Bureau

Oxnard Police Department

(805) 385-7626

[email protected]

Oxnard’s Experience

Graffiti-related service calls to Oxnard Police

1,190 (2006) 966 (2007 YTD)

YTD Arrests for Tagging Offenses

Patrol Officer Involved: 209

By Graffiti Detectives: 113

Oxnard’s Experience

Approximate # of Tagging Crews: 348

Gang Members Involved in Tagging: 350

Street Gangs: 14

ONERS: 688 known

Tagging Crew Members: Estimated 3,000

Tagging Crews and GangsAligning themselves with street gangs

Arming themselves (knives, bats, guns)

Tagging crew vs. tagging crew

3 tagger – involved homicides since 2005

Police Department Resources

2 Graffiti Investigators:

1 Senior Police Officer

1 Police Officer II

1 Community Service Officer (CSO)

1 Part-time employee

Assigned to the Investigative Services Bureau’s

Violent Crimes Investigations Unit (VCU)

Law Enforcement Strategy

Multi-faceted

Not limited to conventional enforcement

Collaboration with stakeholders

Community Oriented Policing

Balance between arrests and civil citations

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Law Enforcement Strategy• Awareness of trends

• Geographic hot spots

• Investigator response

• Gather intelligence

• Special operations

• STEP Act (186.22 PC)

• Share knowledge with allied agencies (County Task Force)

Law Enforcement Strategy• Business Community

• Compliance with municipal codes

• CPTED and voluntary compliance

• Community Outreach

• Presentations

• Community activity (cleanups, etc.)

• Oxnard Graffiti Task Force

• Civil Citations

7-82 OXO: Graffiti Prohibited

No person shall willfully or maliciously use any liquid substance, graffiti implement, chalk, dye, or similar substance to place graffiti on any public or private property located within the city.

7-86 OXO: Graffiti Implements

(a) No person shall possess any graffiti implement while in or on any public property or vehicle, except an on-duty authorized employee of the city, or an on-duty authorized employee of an individual or company under contract with the city.

7-87 OXO: Sale of Graffiti Implements to Minors Prohibited

No person shall sell, exchange, give, loan, cause or permit to be sold, exchanged, given, or loaned, any graffiti implement to a minor unless such minor is accompanied by a responsible adult.

Administrative Citations

• Restorative method for the community

• Offender cited with administrative citation ($1K)

• Deft. entitled to an administrative hearing

• Third party hearing officer issues written ruling

• Violation sustained = citation processed

• Parents of minors can be held responsible

• In 2007, 813 administrative citations related to graffiti have been issued

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Best Practices Recognize:

ENFORCEMENT IS ONLY ONE PART OF THE SOLUTION

GRAFFITI IS EVERYONE’S PROBLEM!

CONSISTENT PRACTICES AMONG CITIES

COMMUNICATION AND COLLABORATION

DA

Courts

CommunityResidents

VictimsNeighborhood Groups

And HOA’s

City Corps

GAP

Police

VolunteersProbation

GRAFFITI

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G r a f f i t i Types of GraffitiTypes of Graffiti

Tagging Crew

Gang

Oner’s

Hate

Tagging Crews

Approximately 100 tagging crews identified in Ventura County.20 identified tagging crews working in the Camarillo area. Most are coming to Camarillo to attend schools or visit tagging hot spots.9 tagging crews have members living in the Camarillo area.

Tagging in rural areas of Camarillo

Tagging in rural areas of Camarillo Tagging in Camarillo

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Tagging in Camarillo Gang Graffiti

Gang graffiti found in Camarillo and surrounding area.

Barry Street Gang

Colonia Chiques Gang

Santa Paula 12 Street Locos Gang

Gang Graffiti Hate Crime Graffiti

Motivated by prejudice and hatred.

* Least common form of graffiti.

The Tools

Aerosol / Spray Paint

Markers

Etching devices

Acids

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What to look for. . . . Broken Windows Theory

Graffiti and vandalism impact community fears of crime and crime itself. The 'broken windows' theory, developed in the United States, proposes that if a broken window is left and not repaired, other windows will soon be broken. The message this gives to both offenders and residents is that no one cares. Consequently offenders are not deterred from committing similar acts again, and a perceived rise in crime becomes a reality.

Examples Dealing With The Problem

Reduce opportunities for vandalsIncrease difficulty for offenders to vandalizeIncrease the risk of detectionClean up vandalized property within 24 to 48 hoursReport incidents to the Sheriff’s Department

Important Telephone Numbers

911 - In Progress Crimes

654-9511 – Camarillo Police / Sheriff Dispatch

388-5100 – Camarillo Police Department 383-4800 – Camarillo Graffiti Investigator388-5338 – City Public Works / Graffiti Removal383-5660 – Code Enforcement/Graffiti Private Property

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Camarillo Police Department

Graffiti Investigations

Tagging Crews

Approximately 300 tagging crews identified in Ventura County.

Approximately 20 tagging crews identified tagging in the Camarillo area on a regular basis.

Recent Trends in Graffiti

Tagging Crews are becoming more violentLoyal to the crew – will fight to defend its honorInitiation – sponsorship by a member, commit criminal acts and jump insCross out rival crews graffiti / create conflictsCarrying weapons – firearms, knives, bats, etc.

Tagging Crew members are seldom using monikers, making it difficult for investigators

Addressing the Problem

City Streets Division cleans graffiti on city property.City Code Enforcement notifies property owners of their responsibility to clean-up graffiti.Pleasant Valley Recreation and Parks District cleans graffiti on park property.Citizen’s Patrol photographs graffiti makes proper notifications for clean-up.Volunteers input information into tracking system for graffiti investigatorPatrol deputies generate police reports for graffiti related calls for service.Graffiti investigator investigates all graffiti cases received by all entities

Enforcement Tactics Implemented in 2007

Investigative Search WarrantsCovert Surveillance OperationsProbation OperationsUtilization of School ResourcesUtilization of Citizen VolunteersDeveloped working relationships with other law enforcement agencies including Oxnard PD, Ventura PD, Santa Paula PD, Simi Valley PD, other Sheriff’s Department jurisdictions, Probation Agency and the District Attorney’s Office.

Tracking Graffiti

Photograph graffiti

LocationDate TimeWho Took Photograph

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Tracking Graffiti

All incidents of graffiti are tracked. Police Reports are kept in case files and are entered into a Microsoft Access DatabaseInformation from the photographs taken by city personnel, citizen patrol or any other person are entered into a Microsoft Access Database

Graffiti photographs are categorized by moniker, by crew or by both moniker and crew and stored on computer hard drive.

Microsoft Access Tracking Database

Broken Windows Theory

Graffiti and vandalism impact community fears of crime and crime itself. The 'broken windows' theory, developed in the United States, proposes that if a broken window is left and not repaired, other windows will soon be broken. The message this gives to both offenders and residents is that no one cares. Consequently offenders are not deterred from committing similar acts again, and a perceived rise in crime becomes a reality.

Examples Statistical Comparison

January – June 2006

Felony Cases 19Felony Arrests 7Misd. Cases 86Misd. Arrests 44

Total Crimes 105Total Arrests 51City Cleaning $30,924

January – June 2007

Felony Cases 48Felony Arrests 44Misd. Cases 132Misd. Arrests 50

Total Crimes 180Total Arrests 94City Cleaning $25,103

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Statistical Key Points

75% Increase in overall crime reports for time period

2006 37% of Felony graffiti crimes were solved2007 92% of Felony graffiti crimes were solved

2006 51% of Misd graffiti crimes were solved2007 38% of Misd graffiti crimes were solved

2006 49% of overall graffiti crimes were solved2007 52% of overall graffiti crimes were solved

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Mayor Pro Tem Michelle S. Foster

Council MemberGlen T. Becerra

Council MemberBarbra Williamson

Council Member Steven T. Sojka

MayorPaul Miller

Extent of the problem

Enforcement & prosecution posture

Graffiti removal program

Direct costs to the City

Prevention

Possible future solutions…

41.7 Square Miles

Population of 125,741

Graffiti incidents 25% gang and 75% tagger

Gang has less incidents, higher square footage

Tagger graffiti consists of paint, markers, etching, and slap tags

Year 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007Total Incidents 657 1,157 2,253 4,038 3,661 2,753 2,234 1,562 1,104 1,577 1,028 768 526 674 639 856 2,388 3,089

Comparison of Annual Graffiti Incidents (1990-2007Projected)

657

1,157

2,253

4,038

3,661

2,753

2,234

1,562

1,104

1,577

1,028768

526674 639

856

2,388

3,089

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Inc

iden

ts/Y

ear

Significant increase in graffiti incidents in past two years.

Added second city worker to the Graffiti Abatement Program

More aggressive reporting and documentation of even minor incidents like ‘slap tags’ and markers

No major pattern to graffiti - mostly small, isolated incidents

No related increase in gang activity or tag-banging

Simi Valley Community Gang Task Force

Graffiti Investigation & Enforcement

S.V.P.D. Special Problems Section

Look for patterns, work with SRO’s

Stings, surveillances, informants

LCA – 6 arrests, 60 incidents, $50,000 damage

RIP 816 – 2 arrests, 70 incidents, $12,000 damage

YTD – 14 offenders paid over $15,000 in restitution

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TTT”The Chosen Few

New tagging crew in the last year

Not organized

Many arrests for tagging as well as alcohol

narcotics, trespassing

Outcasts, almost ‘Goth’ look, male & female

Simi Valley Community Gang Task Force

Two of the adults from The Chosen Few arrested for tagging, conspiracy, and resisting arrest.

Publics Works administers programProgram started in 1990Two full-time staff membersStaff works seven days a weekHighly publicized Graffiti HotlineRespond to each call, document & removeGraffiti removal seven days a week

City Graffiti Abatement Program

Graffiti Removal:175,000 sq feet year-to-date49% removed by City contractors42% removed by City staff9% removed by property ownerAnnual budget of $250,000

(salaries/overhead, contractors, supplies)

City Graffiti Abatement Program

Municipal Code Section 5-31.07(1)

Unless the property owner provides specified written consent authorizing the City or its contractor to abate the graffiti, the property owner shall have ten (10) calendar days after the date of the City’s notice to remove the graffiti.

City Graffiti Abatement Program

Simi Valley Community Gang Task Force

Gang sign? Drug activity? Shoeffiti?Added this year to our graffiti removal program

Simi Valley Community Gang Task Force

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Community Gang Task Force

Formed in 1995 to address gang and graffiti in the City

Representatives from City Council, School & Park boards, government agencies, non-profits, and community members

Meet quarterly to discuss ideas to address gang, graffiti, at-risk youth issues

Currently working on a prevention resource directory

Advisory board to the City Council

Simi Valley Community Gang Task Force

One program administered by the Community Services Department to address

at-risk youth - TARP

Quick removal / hardening of targets More aggressive use of Muni Code to seek restitutionReferral resources / alternative activities for at-risk youthPublic education of dangers and costsCooperation with other agencies – DA Graffiti task forceEmphasis on investigation and enforcementStricter punishment – require clean upBetter use of Muni Code to restrict access to implements

Ways to reduce graffiti incidents

Mayor Pro Tem Michelle S. Foster

Council MemberGlen T. Becerra

Council MemberBarbra Williamson

Council MemberSteven T. Sojka

MayorPaul Miller

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GRAFFITI SUMMITVENTURA COUNCIL OF GOVERNMENTSDEC. 5, 2007PRESENTATION BYJUDGE MANUEL J. COVARRUBIASSUPERIOR COURT OF CALIFORNIACOUNTY OF VENTURA

VANDALISM/GRAFFITIVANDALISM DEFINEDDEGREES AND PENALTIES OTHER SANCTIONS/CONSEQUENCESJUVENILE COURT PROCESS

VANDALISM DEFINEDPenal Code Section 594

Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, . . ., is guilty of vandalism(1)Deface with graffiti or other inscribed material

• The term “Graffiti” or “Other inscribed material” includes any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on real or personal property

(2)Damages(3)Destroys

DEGREES AND PENALTIESMisdemeanor vandalism P.C. 594(b)(2)(A)

If amount of damage/defacement is less than $400.00, subject to penalties of up to 1 year in county jail and/or $1,000.00 fineIf prior conviction for P.C. 594 jail up to 1 year and fine up to $5,000.00

Felony vandalism P.C. 594(b)(1)If amount of damage/defacement is more than $400.00, subject to state prison or up to 1 year in county jail or a fine up to $10,000.00.If damage/defacement is over $10,000.00 then subject to imprisonment and fine up to $50,000.00.

DEGREES AND PENALTIESVANDALISM OVER $400 CAN BE FILED AS A FELONY OR MISDEMEANOR

IF FILED AS A FELONY SUBJECT TO INCARCERATION IN STATE PRISON FOR 18 MONTHS, 2 YEARS OR 3 YEARS.IF FILED AS A MISDEMEANOR SUBJECT TO INCARCERATION FOR UP TO 1 YEAR IN COUNTY JAIL

PENALTIES/SANCTIONSPenal Code Sec. 594(c)

Upon conviction of any person for vandalism defacement with graffiti in addition to any punishment imposed, the court may order the defendant to clean up, repair or replace the damage, or order the defendant and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year.

Vehicle Code Sec. 13202.6(a)(1)If 13 years or older license suspension or if not licensed a delay in obtaining a license.First time offense 1 year suspension or delay up to 3 years.

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JUVENILE COURTThe Purpose of Juvenile Court

Welfare and Institution Code Sec. 202• The purpose is to provide for the protection and safety of the

public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or forthe safety and protection of the public.

• Minors under the jurisdiction of the court as a result of delinquent conduct shall receive service in conformity with the interest of public safety and protection, receiving care, treatment, services and guidance consistent with his or her bestinterest, that holds the minor accountable for his or her behavior. This guidance may include punishment which is consistent with the rehabilitative objectives of this code.

JUVENILE PROCEEDINGS654-Informal handling without Court intervention654.2-Court Intervention.

Petition filed6 months Informal Probation

• Obey all laws• No use of substances, including alcohol marijuana• Community Service hours• Attend and behave in school• Restitution

If successful, charges dropped, case dismissed.If unsuccessful, charges go forward

790-Deferred Entry of Judgment(DEJ)Applies to felony chargesMinor required to admit all of the chargesMust be 14 years of age Under supervision of Probation for min. of 1 year, no more than 3 years

• Similar obligations as informal probation

If successful, charges dismissed, record sealedIf unsuccessful, subject to becoming a ward and all the sanctions available

602 WardshipIf Minor admits the charges or found to be true by Court at trial

Declared a ward of the CourtProbation Rules imposed on minor to help with rehabilitation Community ServicePay RestitutionSubstance Terms, Graffiti Terms, Gang TermsCounseling, CurfewHome Arrest/Electronic MonitoringJuvenile Facility CommitmentSuitable PlacementCalifornia Department of Correction Division of Juvenile Justice

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Ventura Council of Governments Graffiti Summit 2007

Ventura Council of Governments Graffiti Summit 2007

Inside the DA’s Office

• Juvenile and Adult Cases• Juvenile Cases

• Handled by the Juvenile Prosecution Unit as a whole.

• Adult Cases• Handled by one specifically

assigned DDA to prosecute all adult graffiti vandalism cases.

Graffiti Cases

Different Levels of Prosecution• Misdemeanor

• Graffiti Less Than $400• Graffiti Tools

• Felony• Graffiti More Than $400• Conspiracy

• STEP Act Cases• Criminal Street Gangs Involved in Tagging.

Costs of Graffiti

Extreme Range of Cost for Graffiti Damage • Typical Reasons for Variation in Cost

• Square Footage of Graffiti• Permanence of Graffiti

• Can it Be Wiped Clean or Painted Over?• Did it Permeate or Etch Surface?

• Administrative Costs to City or County

Examples of Different GraffitiLower Cost Graffiti: Low Square Footage

Examples of Different GraffitiHigher Cost Graffiti: Greater Square Footage

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Costs of Graffiti

All Graffiti Has One Similar Cost • Regardless of the Size of the Graffiti,

All Graffiti Has a Negative Effect on the Quality of Life of the Citizens of the Community.

Juvenile Cases

Different Methods of Handling • Informal Probation

• Probation handles case without a formal petition.

• § 654.2 Informal Probation• Juvenile must stay free of other offenses

for 6 months and must complete certain terms.

• § 602 Wardship• Juveniles are placed on probation and

given anything from electronic monitoring to actual time in custody.

Juvenile Cases

Common Punishments for Juvenile Graffiti • Restitution• Fines• Drivers License Suspension• Graffiti Education Classes• Community Service

Adult Cases

Common Punishments for Adult Graffiti• Restitution• Probation• Search Terms• Fine• Driver’s License Suspension• Jail or Work Release• Prison

Adult Cases

• Vertical Prosecution• Specifically assigned DDA handles all

adult graffiti related matters from case review to sentencing.

• Coordination of Graffiti Task Force• Specifically assigned DDA coordinates

the Graffiti Task Force.

Ventura County Graffiti Task Force

• A task force composed of Law Enforcement, Probation, and the District Attorney’s Office that meets monthly to discuss trends, exchange intelligence, and identify emerging issues in the suppression of graffiti.

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Current Strategies Against Graffiti

Horizontal Interagency Communications• Facilitate communication between the

District Attorney’s Office and Law Enforcement in order to:

• Develop Effective Enforcement Strategies;

• Develop Investigation Strategies;• Develop Restitution Methodology.

Current Measures Against Graffiti

STEP Act Prosecutions• Using the Street Terrorism Enforcement

and Prevention Act When Appropriate• Gangs Mark Territory with Graffiti;• Gangs Intimidate Neighborhoods with

Graffiti;• Gangs Make Threats and Instigate

Gang Violence with Graffiti.

Future Goals in Graffiti Suppression

Goals• Maintain Same Level of Cooperation

Between Law Enforcement Countywide.• Better Communicate the Impact of Graffiti

on the Victims and the Community to All Concerned Parties.

• Reduce the Number of Graffiti Vandals.

Ventura Council of Governments Graffiti Summit 2007

Ventura Council of Governments Graffiti Summit 2007

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