if you don't think that the criminal justice system is handling certain crimes in the proper fashion then let's amend the laws that govern that system but to do that through the immigration process in the end is counter productive because it actually creates a divide between the communities served by law enforcement and the police and law enforcement that actually need to be communicating and hearing from those communities. that's why i think the idea and the discussion of a carve out is something that is focusing on the wrong system to deal with issues of public safety. public safety actually necessitates that any issue with carve outs dealt with the criminal justice system, not immigration. that is the important distinction to be made. there are important considerations as to what type of individual should be or not be released. let's deal with those issues in the criminal justice system and not the immigration system and that has to be very, very clear because at the end of the day what we're talking about with this legislation is public safety being the top priority, and public s

there is a place for the criminal justice system as well as the criminal bail industry. now we have testified along with catherine, our lobbying effort are basically this is what we look like. this is the lobbyist. we are not a high paid, i represent the mom and pop businesses throughout the state of california and certainly although hopefully our assurity companies employ their lobbyist. this is what it looks like. it not the chico's bail bonds. we are mom and pop and the majority of our agencies are owned by women. i'm eye i want to have the opportunity to say what we mean. legislator coming this year is what we are looking at at high cost of bail. yes it has to be locally controlled. we have nothing to do with this. i'm from los angeles county and let me tell you bail schedules are very high out there. but we work with the families, co-workers, and employers that want that person out of jail where they can continue to flourish in their society. the issue of -- well the pretrial is there is a misconception about which is fair and which isn't fair. i have to say for the

outside we see the due process denied and we want to create that separation between the local criminal justice enforcement and federal law enforcement and that's the basis and why we want this ordinance separate from an amendment with carve outs for people because of offenses. >> i appreciate that. my recollection of the conversation is different as you know. i believe to take the discretion away from the sheriff -- if we want to make it policy or if the sheriff wants to make it policy that's within the sheriff's prerogative but to remove all latitude and san francisco could become a destination city or a place seen as a safe haven for those with prior felony convictions and sex convictions and weapons convictions and it's one thing that the people in san francisco would be contending with the people outside and i don't believe that's in the best interest of public safety. >> i believe anyone in the justice system is held accountable through actions through the court system and the sheriff's department and we're just saying that we wouldn't be extending their time because we have a request fro

in professor of law, teaches courses on criminal laws, criminal justice, law and consulted culture and law risk and studies. his book includes parole and the social control of the under class 1890-1990 how the war on crime transformed american democracy and created fear. welcome our panelist. [ applause ] >> i'm going to start with catherine mccrack in, the organization on juvenile and criminal justice has done extensive reach on the bail system and pretrial detention. is the system currently working would you say and what reforms would you support? >> thank you for having m e here today. the center for criminal justice has released a report last year that did examine the bail industry particularly around the lobbying effort. i want to talk a little bit about the criticisms of the commercial bail industry that has been reoccurring over the years and these date back as far back as to the 1920s that the commercial bail doesn't just a minute, discriminate those who can't afford bail. counties are responsible for an increased number of level. we have to better utilize our jail space and th

if the person is arrested for a new offense your proposal relies on the criminal justice system to determine whether or not they remain in local custody. in other words given the person's record and new allegeds the criminal court and other law enforcement policies would determine whether the person should be released or eligible for bail. as you alluded to in your opening statement we're in the middle of major national immigration reform debate. unfortunately the prospects of that reform are getting dimmer and dimmer. at the same time because of that the prospects for greater ice enforcement is looming and it's for that reason that your proposal is something that i fully endorse without reservation. thank you very much. >> thank you very much mr. ying. thank you. so we look forward to the immigrant rights commission collaborating on this on the 17th. next up i would like to call up our sheriff, sheriff ross mirkarimi. welcome. >> thank you supervisor avalos, supervisor campos, supervisor mar. it is a pleasure to join you here today. i am more than happy to answer any questions. i would like

let's deal with them through the criminal justice system and let's not inject immigration into it. that's the difference. >> but what i want to put out very clearly if you're a convicted violent felon, a sex offender or a convicted weapons person and there is no safe harbor in san francisco. >> absolutely. let's do it through the criminal justice system and it applies to them. >> and right now the sheriff has the discretion to do just that. >> i guess the last thing i would say this is the core of what we're talking about and not anything individual about this particular sheriff or any sheriff that the whole point is that you want a court that you want the legal system as a whole entirety of the system to have a clear set of rules, and not have one individual decide, you know. as great as any individual maybe the idea here is that you want clarity and you want uniformity and which is why we're saying do it through the criminal justice system. >> and as you said and as many times as the case with you and i and i think we're that close but i have to sit on my three exceptions. >> wel

so i'm very thankful to be part of the criminal justice partnership in san francisco. it's an honor and we are not only leading the way in california but we are leading the way in the nation to change it's approach to serving justice. so thank you for an allowing me to speak. [ applause ] >> next it's a great honor to present supervisor cohen to present a proclamation to us. >> supervisor cohen represents the district 10. which includes bay view hunters point and hill. >> hey, everyone! good morning. how are my justice fighters doing out there? today is invigorating and enlighten you to make sure we have social justice everywhere. i represent bay view and porter hill. so today i really want to share with you in the celebration and recognition of the 50th anniversary, i'm going to ask you to come up here, jeff. look at him. this is amazing, everyone. but today is march 18, 2013. today marks the 50th anniversary united states court's decision that someone should be defended at no cost. where journalist and concerned citizens will gather at the san francisco public defende

there is a place for the criminal justice system as well as the criminal bail industry. now we have testified along with catherine, our lobbying effort are basically this is what we look like. this is the lobbyist. we are not a high paid, i represent the mom and pop businesses throughout the state of california and certainly although hopefully our su

so i'm very thankful to be part of the criminal justice partnership in san francisco. it's an honor and we are not only leading the way in california but we are leading the way in the nation to change it's approach to serving justice. so thank you for an allowing me to speak. [ applause ] >> next it's a great honor to present supervisor cohen to present a proclamation to us. >> supervisor cohen represents the district 10. which includes bay view hunters point and hill. >> hey, everyone! good morning.

convicted within our criminal justice system here in the u.s. for one of these violations and by definition makes them a danger to public safety. this detainer that may -- may -- not will and could be granted by the sheriff on a case by case basis would happen after they reoffended and the sheriff might decide in the case of like a violent gang member that continue to pursue a violent gang life the city of san francisco would be better off if that person wasn't here because they weren't advantaging themselves of the privileges here in san francisco afforded by this ordinance. >> and again i'm not saying i disagree with that. i am saying is there a better way dealing with that individual in the system so if you have a reoffense and prior conviction there are changes in the rules in the criminal justice system how you handle those individuals? >>i would say by and large as spoken by the sheriff that is the case already by policy but i am suggesting there could be an exception to the rule and could be a violent felon or sex offender or weapon posse

santa clara has no carve outs, and in fact addresses the issue of public safety through the criminal justice system has there been an increase in criminal activity in santa clara because of that? i mean i want to make sure when we talk about the fear that somehow people are going to flood the geatds of san francisco if we have this policy that we base that on fact. what do you know in terms of the numbers in santa clara? >> i know crime is up all over the state so it would be unfair to attribute that to a particular ordinance they may or may not have but i can tell you here in san francisco at the present time we're record low for homicides and gun violence is gun and we are working with community and i am a believer if it's not broke don't fix it. >> let me say this i believe the reason crime is down in san francisco because of the great work you and your police officers are doing and not because of s-com. >> i would say it's the community trust and the support that we have been getting from the whole city that's added to the peace dividend that we're having right now, but i also say it's f

and the criminal justice across the united states acknowledge deep flaws in the way representation is provided to people. eric also spoke to the american council of chief defender in 2009. we know they lag far behind other justice programs. they constitute about 3 percent of all criminal justice expenditures in our nations largest counties." i'm going to skip ahead. we interview lawyers, who fire appropriate motions and do many other things that attorneys should be able to do as a matter of course. finally we know there are numerous challenges in the public defense system like budget shortfalls. he acknowledged the challenges the system faced were not new and quoted justice hugo black when gideon came before the supreme court. there can be no equal justice when a trial a man gets can be a pile of money he has. what can be do? he asked the audience. the question resonates, echoing and bouncing off the walls where a player knows what needs to be done to fix the problem but no one can generate the political will necessary to change things. 50 years after combid gideon rights e eludes us.

he wonders what the solutions are to the criminal justice system here. to the black community, he talks on and on, indignant but right. mostly he wonders how change happens. sometimes i think about what is it, this mahatma gandhi thing. he cracks your head and you say thank you. he cracks your head again. you have to be animal when you do that. it's an outrage. he pauses and collects himself. i'm not talking from bitterness. he says this and yet how can you let go of bitterness. like a dog licking a wound keeping it open and raw greg bright revisits his past wonders if it's a happy ending because he lives in a yellow house, my pot of gold at the end of a rainbow after finally receiving $190,000 in rest tuition. unending that could go either way. thank you. [ applause ] >> thank you very much. before we kickoff the first panel we have a special treat for you. we are lucky enough to have the filmmaker in one of the subjects that premiered at the sundance festival called gideon's army. they fight tooth and nail in possible odds. you are going to get a sneak

having said that, i think we need to recognize that our criminal justice system is anything but equal. we have had a very in equitable system for many years. i don't think anybody in this room have question the fact that african american and minorities are always more negatively impact by the criminal justice system. the improvement of that process is a journey. i don't think it's a destination, but i think we can have a no commercial bill system that could be done more fairly if it is done based on some clear objectives in factors that are prestated so it's not something that is simply left to the individual judgment of a judicial officer to do so arbitrarily. >> let me ask mr. looeng, perhaps you can tell the audience about the organization you lead and your experience with risk in needs assessment tools or the kind of evidence based factors that mr. gas skon is referencing. sn >> thank you, jeff, the project has in existence since 1976 and it's a non-profit organization. when we first came across this was a heavily needs base. we provide treatment and with the idea that you are goi