Los Angeles County, Debra Mark John, John Kobylt Ken discussed on John and Ken
Oaks and, Eighty-three in Hollywood we lead. Local live from, the KFI twenty four hour newsroom I'm Debra Mark John. And Ken show John kobylt Ken chiampou KFI AM six, forty, is, away they'll, be back tomorrow We have in the studio with us Los Angeles County. District attorney Jackie Lacey We have seen in person in a long time and today's quite a day because there's an Associated Press story that says that there's a number of district attorneys who have been negotiating with Jerry Brown's administration. Led by El Dorado county DA Vern, Pearson to try to revise that Bill it's known legislatively as AB eighteen ten and it, would allow Everybody accused of a crime To take a shot at getting. Mental health diversion two years and it would mean, that there is no. Trial there's no prison time there's No. Prosecution Charges would get dismissed after the. Two years the psychiatrists dude examined, the defendant and if he has any one of three hundred mental illnesses and the big book, of crazy They could use that to excuse the, crime potentially and, actually the way it's written as. Of, today would even affect murderers rapists and, every other horrible person imaginable it it was snuck. Into a budget trailer Bill some, weeks ago nobody saw this coming wasn't made public wasn't covered in the media at all and You can see what kind of chaos this would bring if it was fully implemented so let's talk to. LA county DA Jackie Lacey Jackie thank you for coming it's. Good to see you again thank you, for having it has been quite some, time But, this. Is a topic that. I think I have a certain. Voice this speak about it and I appreciate the opportunity As. Far as you know what, do, the revisions looked like I imagine negotiations, are still going on? Or they're still possible hospital you could revise the revisions so but the the best of your, knowledge what's the current status Well the current status right now, is eighteen ten is the law can in other words. Someone could walk into court right now and ask the court were diversion and the court under the law would send someone out for evaluation and then make a determination and I want to be very transparent. With your listeners I believe that, there are people who have a mental illness who were in county jail who should be diverted because they. Have a health issue and their charges are not, what you would call serious in? Their conduct charges are not serious but we haven't been able to. Reach a lot of them, because, we don't have places to send them, and also we don't There's a lot of cases LA county is the biggest the largest county and it has about five thousand people in. The prison in the jail who, have a serious mental illness but what eighteen ten did is it just went so far that it essentially. Shifted everybody into that Into that line And, by doing that it harms the good diversion efforts that are going on in various different offices that are. Led by prosecutors so what the amendment does is it puts very reasonable. Controls on, it it says let's not. Talk about murders let's talk about rapists child molesters People who. Are charged, with a series crowns where we know judges. Aren't going to divert them but but it but instead let's have, some let's have counties build the infrastructure through their board, of supervisors to divert. People into places where, we're all be safe and they will get treatment but also let's let's have some common sense about this. Let's make sure that they don't have access to firearms being diverted let's. Make sure, the victims who are harm. Get restitution and so isn't this If this Bill was to stay as is this. This is too much For local government to handle this this is way too much, it will I, predict clog up courts with a lot of, frivolous claims and that's why although I'm extremely supportive of mental health diversion I'm worried about this Bill because a couple of things one is that we'll spend a lot. Of time litigating mental illness on almost every criminal case that comes through but but but the second more and. More important thing about this Bill is there, are places that were there so. Small where the county is so small they don't. Even have a psychiatrist they don't even have the infrastructure to, do it and so I would create, quite a, bit of chaos that but the amendments into the administration's credits they really, really listen the amendments Really provide a way to safely to talking, about the revision the revision revision can, I ask, you something though right Please I don't trust anybody have a hell does this happen to. Begin with you've you've got an? Entire Democratic supermajority legislature it. Sneaks this in. When no one's looking and the governor's signs. It they all approved? Of, the original version at that moment they all think this. Is a great idea how, can that be, well you know, the the process itself is a separate argument whether this process. Was fair would have liked we would've liked but. They, voted for it. And, the day he signed it they? Thought this was a good way to go I that's that's terrifying well how can I argue with that but, when I, am saying is time is of the essence if. This amendment doesn't get? A number by Friday then we we're going to have to live with eighteen ten what does that, mean what that means? Is that people need to get? On the phone and call? Their legislature? And ask where is the amendment two AB? Eighteen ten to do what is the. Amendment do does it does it keep? Certain defendants from entering The program at all. I, don't, think anybody. Wants, to see murderers rapists and all? Other terribly violent people even get a crack at this well that's exactly what it does is it says if, you're charged, with murder voluntary manslaughter a registered sex crime then. You don't get a? Crack at this but it also allows counties too often and the even more restrictive and that's an, important option for counties? Because there are certain counties what? Does that mean county to? Opt in? Allows your board of supervisors to craft Craft a mental health diversion program that that works that can be. Supported in that protects public safety so gives the county's more control over this okay We just had an arsonist suspect it the Cleveland national forest right mental health history going back twenty five years sorry he clearly disturbed and he sets fire. Burns about ten or twelve cabins twenty thousand. Acres Right twenty thousand people were. Were. Evacuated he's obviously gonna make a mental health claim what what allows a judge to say No You you don't get the mental health. Diversion you must go to trial as he's. Got he's got a psychiatrist who's vouching, him and the psychiatrist is. Right the guy is. Nuts, well, well, John let's give judges a little bit of. Credit I, mean after the recall of the judge in Santa Clara, county what judges don't let that guy go. Free? Really what judge is going to divert is the judge gonna be overturned on appeal because the way the law is the arsonist has the right to diversion if he has a mental illness that is connected to his. Crime and clearly this guy does, well he has a right to ask for diversion that it's always the judges. Call so he's going to be the judge's call on this. One but but but let me let me say for because that's exactly what I'm talking about is those cases are not the kind of cases where we ought to be talking about diversion because that guy's. Dangerous He's probably dangerous in the future but there are a lot of other cases can excuse me John where Where the charges are not as serious. Not nearly as serious where we can safely divert people into treatment and we want to think about that we really should because what's? Happening, now is even the share what kind of. Charges, you think should be eligible for mental diversion program well let's let's, talk about arson for a second now the arsonists that you talked about did a lot of, damage endanger but oftentimes I'll, get a mental health case where it's, a family situation where someone is delusional they're in their, own house and they set a piece of clothing their own clothing on fire and, their and their apartment? And they have. No prior. Record that person maybe. We ought to be looking at is there something different we can do all right let's take a break we come back more here with Jackie Lacey, Los Angeles County DA about an. Amendment to that Bill which would, have given potentially every single criminal defendant the right to a, mental diverse Version for two years mental health diversion treatment program for two years and there would be there'd be no trial. And there would be no prison term there'd be, nothing John and Ken show KFI Debra Mark has news Japan is, preparing for a possible eruption of one. Of its volcanoes the country is raised alert levels on one island from two to four on scale of five the volcano last fluids? Stop, in may of two thousand fifteen LA is. A, step closer to having a streetcar rolling through downtown the LA city, council has approved a funding plan for the screen for the streetcar project the proposed route is, four miles a school district, in Colorado has made a change students, are probably happy with no class on Mondays it's to, give teachers more time to prepare their lessons we have some trouble on the ninety, one and we will? Check in with. The KFI. In the sky next..