BILL ANALYSIS Ó AB 947 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 947 (Chávez) - As Introduced February 26, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:| 6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires individuals convicted of possession of specified drugs (for personal use) while armed with a loaded firearm to be punishable in county jail, instead of state AB 947 Page 2 prison, without changing the length of imprisonment. The bill also requires individuals convicted of specified drug offenses (trafficking) while armed with a firearm to be imprisoned in the state prison, instead of county jail, without changing the length of imprisonment. FISCAL EFFECT: Assuming an average sentence of three years for personal use convictions and four years for trafficking, $29,000 per bed in state prison, and the statewide convictions similar to those convictions in San Diego County, this bill may result in savings to California Department of Corrections and Rehabilitation in the millions. Fewer inmates will serve longer sentences in state prison. COMMENTS: 1)Background. AB 109, Chapter 15, Statutes of 2011, is generally referred to as "realignment." Realignment made a number of felonies punishable by imprisonment in a county jail as opposed to state prison. The felonies punishable by imprisonment in county jail were generally deemed to be on the lower end of the felony spectrum. The bill continued to require imprisonment in state prison for serious and violent felonies, and felonies requiring registration as a sex offender. Also requiring imprisonment in state prison were situations when the defendant was convicted on a felony and had a prior conviction for a serious or violent felony, or a AB 947 Page 3 felony subjecting the defendant to registration as a sex offender. Prior to realignment, possession of specified controlled substances for personal use, while armed with a loaded, operable firearm was punishable by state prison for two, three, or four years. Prior to realignment, a person who was personally armed with a firearm in the commission of specified drug trafficking offenses was subject to an enhancement that imposed an additional and consecutive term of imprisonment in state prison for three, four, or five years. Pursuant to realignment, drug trafficking offenses, including possession of drugs for sale, sale of drugs, and manufacturing of drugs are now punishable with imprisonment in county jail, rather than state prison. However, possession of specified controlled substances for personal use, while armed with a loaded, operable firearm is still punishable by state prison. 2)Purpose. According to the author, "California is one of the nation's leaders in drug defense; this change in punishment is essential to continue the war on drugs and is in conformity with the goals of the Legislature in enacting AB 109." 3)Argument in Support: According to the California District Attorney Association, "As you know, Realignment was intended to address prison overcrowding, escalating costs, and rehabilitation issues caused by incarcerating low-level offenders in the state prison. AB 109 sought to correct these issues by allowing such offenders to serve their prison time in local jail, leaving room in state prison for more serious offenders. "Unfortunately, the drafting of AB 1089 created an incongruous result whereby a person convicted of simple possession of a controlled substance while armed with a loaded and operable firearm is punishable by a term in state prison, while a AB 947 Page 4 person convicted of the far more egregious crime of selling, and possessing a controlled substance (other than marijuana) for sale, while armed with a loaded and operable firearm is punishable in county jail." Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081