BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 212 (Mendoza) - Controlled substances:  factors in  
          aggravation
          
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          |Version: April 28, 2015         |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 28, 2015      |Consultant: Jolie Onodera       |
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          SUSPENSE FILE. AS AMENDED.

          

          Bill  
          Summary:  SB 212 would authorize the sentencing court to  
          consider the following facts as factors in aggravation involving  
          the offense of manufacturing a controlled substance by chemical  
          extraction or synthesis:
                 The violation involving methamphetamine occurred within  
               200 feet of an occupied residence or structure where  
               another person was present, as specified. 
                 The violation involving the use of a volatile solvent to  
               chemically extract concentrated cannabis occurred within  
               300 feet of an occupied residence or structure where  
               another person was present, as specified. 


          Fiscal Impact (as approved May 28,  
          2015):  No fiscal impact.


          Background:  Existing law provides that manufacturing, converting,  







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          producing, processing, or preparing any controlled substance by  
          chemical extraction or synthesis is guilty of a felony,  
          punishable by imprisonment in county jail or state prison in  
          specified circumstances, for a term of three, five or seven  
          years and a fine not to exceed $50,000. (Health and Safety Code  
          (HSC) § 11379.6(a).)
          Existing law provides that the fact that a minor under the age  
          of 16 years resided in a structure in which methamphetamine was  
          manufactured by chemical extraction or synthesis is a factor in  
          aggravation, indicating that the defendant should be sentenced  
          to the upper term of seven years, unless an enhancement of two  
          or five years is imposed under HSC § 11397.7 for manufacturing  
          methamphetamine where a minor under the age of 16 resides or the  
          crime caused great bodily injury to such a child. (HSC  
          11379.6(b).)

          Under existing law, the fines collected under this section are  
          to be transferred to the State Treasurer for deposit in the  
          Clandestine Drug Lab Clean-up Account, as specified.  (HSC §  
          11379.6(d).)


          Proposed Law:  
           This bill would require the sentencing court to consider the  
          following facts as factors in aggravation involving the offense  
          of manufacturing a controlled substance by chemical extraction  
          or synthesis:
                 The violation involving methamphetamine occurred within  
               200 feet of an occupied residence or structure where  
               another person was present at the time the offense was  
               committed. 
                 The violation involving the use of a volatile solvent to  
               chemically extract concentrated cannabis occurred within  
               300 feet of an occupied residence or structure where  
               another person was present at the time the offense was  
               committed. 

          Related Legislation:  SB 305 (Bates) 2015 would authorize  
          enhanced sentences for the commission or attempted commission of  
          manufacturing controlled substances by chemical extraction or  
          synthesis related to concentrated cannabis, as defined, when the  
          offense occurs in a structure where a child under 16 years of  
          age is present or causes the child to suffer great bodily  
          injury. This bill is scheduled to be heard today by this  








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          Committee. 


          Prior  
          Legislation:  AB 104 (Quackenbush) Chapter 551/1993  provided  
          that a person who possesses for sale, manufactures, or sells  
          methamphetamine on the grounds of, or within 1,000 feet of, a  
          school, receive a sentence enhancement of three, four, or five  
          years.


          Staff  
          Comments:  By adding the specified facts to be considered  
          factors in aggravation in sentencing for felony violations of  
          this measure, this bill could potentially result in an increase  
          in costs to state and local agencies for longer sentences served  
          in state prison and county jail. To the extent the facts  
          specified in this measure could potentially be considered a  
          factor in aggravation in sentencing under existing law, the  
          potential fiscal impacts of this measure would be somewhat  
          mitigated.

          The felony relevant to this measure is punishable by  
          imprisonment pursuant to PC §1170(h) for three, five, or seven  
          years. DOJ statistics indicate over 1,300 arrests and nearly 270  
          convictions for this offense in 2014. CDCR data indicates 58  
          admissions to state prison in 2014 for this offense. As the  
          impacts of this measure depend on sentencing behavior, it is  
          unknown with certainty how many sentences will be impacted by  
          this measure. 

          Pursuant to Proposition 30 (2012), legislation enacted after  
          September 30, 2012, that has an overall effect of increasing the  
          costs already borne by a local agency for programs or levels of  
          service mandated by the 2011 Realignment Legislation apply to  
          local agencies only to the extent that the state provides annual  
          funding for the cost increase. Although Proposition 30 specifies  
          that legislation defining a new crime or changing the definition  
          of an existing crime is not subject to this provision, changing  
          the penalty for a crime is not specifically exempted and could  
          potentially require a subvention of funds from the state. While  
          it is not known with certainty, to the extent it is determined  
          that the provisions of this bill change the penalty for the  
          existing crime by adding additional factors in aggravation, any  








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          increase in costs to local agencies attributable to provisions  
          of this legislation could potentially require annual funding  
          from the State.

          The Three-Judge Court has ordered the State to reduce its prison  
          population to 137.5 percent of the prison system's design  
          capacity by February 28, 2016. Pursuant to its February 10, 2014  
          order, the Court has ordered the CDCR to implement several  
          population reduction measures, prohibited an increase in the  
          population of inmates housed in out-of-state facilities, and  
          indicated the Court will maintain jurisdiction over the State  
          for as long as necessary to ensure that the State's compliance  
          with the 137.5 percent final benchmark is durable, and that such  
          durability is firmly established. Any future increases to the  
          State's prison population challenge the ability of the State to  
          reach and maintain such a "durable solution," and could require  
          the State to pursue one of several options, including  
          contracting-out for additional bed space or releasing current  
          inmates early onto parole.

          Author amendments (as adopted May 28, 2015): make the specified  
          factors in aggravation for the court to consider permissive  
          instead of mandated.


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