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
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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
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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
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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
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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