BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 947


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          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