BILL ANALYSIS
AB 300
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Date of Hearing: April 25, 2001
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 300 (Simitian) - As Introduced: February 16, 2001
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill reduces county jail "work-time/good-time" credits from
one-third the time served to no more than 20% for a non-violent
felon awaiting trial who is charged under the three-strikes law.
FISCAL EFFECT
1)Significant annual costs - starting at about $1 million in
2003-04, increasing to more than $5 million in 2004-05, and
more than $10 million in 2009-10 - for increased state
incarceration.
About 6,600 offenders - non-violent second-strikers - would be
affected by this bill. At about $1,900 per month, if 6,600
second-strikers eventually spend an additional month in state
prison, the annual cost would eventually reach about $13
million.
2)Corresponding county savings, depending on a county's state
prison commitment level. Based on overall commitment
percentages, at an average county jail cost of about $1,500
per month, the bill's sponsoring county of Santa Clara could
save in the range of $300,000, San Francisco about $150,000,
Orange about $500,000, San Diego about $800,000, and L.A.
about $3 million.
COMMENTS
1)Rationale . According to the author, the current system of
credits, under which non-violent second-strike defendants can
accrue more credits in county jail than in state prison,
AB 300
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creates an incentive for defendants to linger in the county
jail.
2)Current law specifies that while confined in the county jail,
a prisoner convicted of an offense not defined as violent
pursuant to PC 667.5 may receive two days credits for every
six days served, a one-third reduction of sentence. (Persons
convicted of a violent felony are already limited to 15%
credit and third-strikers receive indeterminate terms.) The
three-strikes law limits state prison credits to 20% and does
not refer to pre-sentence custody credits accrued in the
county jail while awaiting trial.
3)Precedent . In People v. Hill , (1995) 37 Cal. App. 4th 220, the
Court of Appeal addressed this issue and held that a defendant
was entitled to a one-third reduction in sentence for time
spent in county jail even though sentenced under
three-strikes.
4)Opponents - including the ACLU and California Attorneys for
Criminal Justice - contend there is little evidence to suggest
defendants delay trials to receive sentence credits, or that
this bill would save counties much money. Because of the
lengthy potential sentences, "three-strike" cases require a
great deal of preparation, accounting for longer county jail
stays.
5)Prior Legislation . AB 67 (Cunneen, 1999), which was identical
to this bill, was held on this committee's Suspense File.
Analysis Prepared by : Geoff Long / APPR. / (916)319-2081