BERKELEY COMMUNITY IMPACT LETTER GUIDE
The goal of this guide is to assist neighborhood associations with the writing of suitable, effective community impact letters regarding violent and drug offenders arrested in our community. Contacting the Alameda County justice system after an arrest of particular individuals of interest allows for an opportunity to explain the impact of certain individual's felony activities on the neighborhood and aids an overwhelmed justice system.

Every two weeks, the Berkeley Police Department's Special Enforcement Unit (SEU) will compile drug, violent and weapons arrests. This information will be transmitted to the BPD Area Coordinators. To receive this information, contact the Area Coordinator for your Beat and ask to be placed on the Community Partnership Report email list.

The compiled information includes: Name, Date of Birth (DOB), Arrest Date, Arrest Location, Charges (i.e. Code Violation[s]), Berkeley Police Dept number (BPD #), and Docket Number. Frequently used Code Violations are located on the City of Berkeley Police Department Website: http://www.ci.berkeley.ca.us/police/crimestats/statdefinitions.html A complete listing of California Codes is also available at the Legislative Counsel of California Website: http://www.leginfo.ca.gov/calaw.html NEIGHBORHOOD ASSOCIATIONS can send letters regarding specific individuals, as follows:
A. Letter Outline (See below for a general example):

1. Letters should be addressed to Judge C. Don Clay, Alameda County Superior Court: Dept. 11, 1225 Fallon Street, Oakland, CA 94612.

2. Give a brief description of the neighborhood you represent: social conditions, geographic description, streets, number of households, etc. (Remember: These letters are part of the public record, maintain anonymity.

3. Identify the individual you are writing about using as much of the following as you can: NAME, Date of Birth (DOB), DOCKET #, arrest DATE, and arrest LOCATION.

4. Give specific information about the individual and his/her relationship to the ongoing crime in your neighborhood. Try to avoid the form letter style and include relevant details.

5. Letters should be concise and less than two pages in length (one page is preferable). Remember: Judges and DAs have a lot to read!

6. Request that:
a. The court considers this information during sentencing (see important note below).
b. A stay-away order is issued as a condition of probation. The proposed standard is four blocks in all directions from the arrest location. Be sure to specify the blocks and streets (Judges and DAs are not always familiar with Berkeley streets).
c. FULL search clause, anytime-day or night by any peace officer, including home, person, car, car of another that they are in, the immediate vicinity of the room they are in, etc.) and/or curfew are issued as a prerequisite for probation.
d. Placing the violator on probation specifically including the above conditions.
7. Letters should be mailed to Judge C. Don Clay Alameda County Superior Court: Dept. 11, 1225 Fallon Street, Oakland, CA 94612
a. Copies mailed (cc'd) to both Martin Brown and John Creighton, Alameda County District Attorney's Office
1225 Fallon Street, Suite 900, Oakland, CA 94612

b. Copies sent via email to: Lt Dennis Ahearn (SEU) and your BPD Area Coordinator
c. The City of Berkeley will provide a safe forwarding address. (List the name of your neighborhood association c/o Jim Hynes, City of Berkeley Neighborhood Services, 2180 Milvia St., Berkeley, CA 94704.)
IMPORTANT NOTE: It is often the case that the amount of jail time a defendant receives has already been agreed upon before the case reaches the sentencing judge. Therefore, in cases where your neighborhood group is seeking to have an impact on the length of time an individual is incarcerated (rather than merely asking for certain probation conditions), the letters MUST be sent to both Martin Brown and John Creighton of the Alameda County DA’s office at the earliest possible time! In this way, the impact of the individual's behavior on the community can be taken into account during negotiations that take place before the case is certified for sentencing in Judge Clay's court.

B. Neighborhood Groups should maintain a file of all community impact letters sent. That way, you can keep track of repeat offenders (in case you need to send a stronger 2nd letter at a later date). When convenient, John Creighton of the DA's office will inform the neighborhood groups about whether or not the letters were included in each convicted individual's file.

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WRITTEN & PRODUCED BY SOUTH BERKELEY CRIME PREVENTION COUNCIL
For questions call Laura Menard 849-4319 or Lori Lott 547-5781


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SAMPLE LETTER (but be sure to write the letter in your own words):
South Berkeley Crime Prevention Council (SBCPC, P.O. Box 3400, Berkeley, CA 94703, SouthBerkeleyCPC@yahoo.com

March 15, 2004

The Honorable Judge C. Don Clay
Alameda County Superior Court: Dept. 11
1225 Fallon Street
Oakland, CA 94612

Your Honor,

We are writing to you on behalf of the South Berkeley Crime Prevention Council (SBCPC). We represent numerous neighborhood organizations, businesses and religious leaders throughout South Berkeley who share concerns about the impacts of criminals on our community. The members of SBCPC combine to represent over 1,000 households, businesses and religious institutions throughout South Berkeley.
We are writing in regards to Name (DOB), Docket#, who was arrested on Date at Location.
Much of South Berkeley has been overrun with drug dealers for many years. We see arrests of drug dealers and users taking place regularly, but we are frustrated to see the same individuals back on the streets in a short time. We also see these very drug dealers move from street corner to street corner to avoid the police. Numerous areas also suffer from many serious crimes, including break-ins, strong-arm robberies, and murders that are endemic to the South Berkeley/North Oakland border.
Our community is plagued with excess noise, gunshots, speeding cars, loitering, and trash. Many people are afraid to come out of their houses because of the drug activity going on day and night on our streets. It is dangerous for children to play in front of our houses. We are concerned about the example being set for the children growing up here. We have witnessed the destructive influence on our neighbors' children who have been drawn into this criminal lifestyle. All these negative impacts are directly related to the drug activity taking place on a daily basis in our community.
We are asking your Court to consider this information when sentencing NAME at the upcoming hearing. In addition to applying the maximum sentence allowable by law, we request the following:
1. We ask that you issue a stay-away order for the blocks bordered by XXXXX to keep this person OUT of our neighborhood upon release.
2. If probation is granted, we ask that you require that NAME agree to have a full search clause be placed on his/her person, possessions, vehicle and residence as a condition of probation.
3. Finally, if you grant probation, we ask that you require NAME to agree to a curfew requiring that he/she not be present in the area bordered by San Pablo Avenue, Dwight Way, Shattuck Avenue and Aileen Streets, between the hours of 10 p.m. and 4 a.m. except for a verifiable, work-related purpose.

Please consider the safety and welfare of the people who live in this community in your deliberations.
Thank you for your attention to this matter.


Sincerely,

South Berkeley Crime Prevention Council
cc: John Creighton (Alameda County District Attorney's Office)
Lieutenant Dennis Ahearn (Berkeley Police Department: Special Enforcement Unit)
Officer Spencer Fomby (Substitute YOUR Beat's BPD Area Coordinator)
Jim Hynes (City of Berkeley: Assistant to the City Manager)