BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 305 (Bates) - Enhancements:  concentrated cannabis
          
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          |Version: April 27, 2015         |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 11, 2015      |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 305 would add an enhanced sentence in state prison,  
          of two years or five years, as specified, for the commission or  
          attempted commission of manufacturing a controlled substance by  
          chemical extraction or synthesis, as those crimes relate to  
          "concentrated cannabis," as defined, if a child under 16 years  
          of age was present or suffered great bodily injury. If an  
          enhancement is not imposed pursuant to the above, this bill  
          would require the court to consider the fact that a child under  
          16 years of age resided in a structure in which a violation  
          occurred involving concentrated cannabis a factor in  
          aggravation.


          Fiscal  
          Impact:   
            State prisons  :  Potential increase in state costs (General  
            Fund) to the extent the added enhancement or factor in  
            aggravation for future felony convictions results in longer  
            prison sentences. CDCR data indicates 58 commitments in 2014  







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            for this offense. While it is unknown how many offenders will  
            be impacted prospectively, even one or two cases annually will  
            result in costs in the low hundreds of thousands of dollars.  
            To the extent the five-year enhancement is imposed, cumulative  
            costs would increase substantially. 

            County jails :  Potential increase in non-reimbursable local  
            costs (Local or General Fund*) to the extent the added factor  
            in aggravation results in longer jail sentences for jail  
            felony convictions. DOJ indicates over 1,300 arrests and  
            nearly 270 felony convictions for this offense in 2014. Any  
            increased costs to local agencies could potentially require a  
            subvention of funds from the State (General Fund*).

          *Proposition 30 (2012) provides that legislation enacted after  
          September 30, 2012, that has an overall effect of increasing the  
          costs already borne by a local agency for public safety  
          services, as defined, are not subject to mandate reimbursement,  
          however, apply to local agencies only to the extent the State  
          provides annual funding for the cost increase. Legislation  
          creating a new crime or changing the definition of an existing  
          crime is exempt from this funding provision, however,  
          legislation changing the penalty for a crime is not similarly  
          exempted. 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 increase in costs to  
          local agencies attributable to provisions of this legislation  
          could potentially require annual funding from the State.


          Background:  Existing law provides that manufacturing, converting,  
          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 or phencyclidine where a minor under the age of  








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          16 resides or the crime caused great bodily injury to such a  
          child. (HSC § 11379.6(b).)

          Under existing law, a person convicted of manufacturing or  
          attempting to manufacture a controlled substance involving  
          methamphetamine or phencyclidine by chemical extraction or  
          synthesis, where the commission of the crime occurs in a  
          structure where a child under 16 years of age is present, shall  
          in addition and consecutive to the punishment prescribed for the  
          underlying felony, be punished by an additional term of two  
          years. (HSC § 11379.7(a).)

          Under existing law, a person convicted of manufacturing or  
          attempting to manufacture a controlled substance involving  
          methamphetamine or phencyclidine by chemical extraction or  
          synthesis, where the commission of the crime causes a child  
          under 16 years of age to suffer great bodily injury, shall in  
          addition and consecutive to the punishment prescribed for the  
          underlying felony, be punished by an additional term of five  
          years. (HSC § 11379.7(b).)


          Proposed Law:  
            This bill would add an enhanced sentence in state prison, of  
          two years or five years, as specified, for the commission or  
          attempted commission of manufacturing a controlled substance by  
          chemical extraction or synthesis, as those crimes relate to  
          "concentrated cannabis," as defined, if a child under 16 years  
          of age was present or suffered great bodily injury.  
          Additionally, this bill:
                 Provides that if an enhancement is not imposed pursuant  
               to the above, this bill would require the court to consider  
               the fact that a child under 16 years of age resided in a  
               structure in which a violation occurred involving  
               concentrated cannabis a factor in aggravation.
                 Defines "concentrated cannabis" as concentrated cannabis  
               that is chemically extracted through use of a volatile  
               solvent.


          Related  
          Legislation:  SB 212 (Mendoza) 2015 would require the sentencing  
          court to consider two additional factors in aggravation  
          involving the offense of manufacturing a controlled substance by  








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          chemical extraction or synthesis, as specified. This bill is  
          scheduled to be heard today by this Committee.


          Staff  
          Comments:  By adding a factor in aggravation to be considered in  
          sentencing and sentence enhancements for felony violations  
          meeting specified factors, this bill could potentially result in  
          increased costs to state and local agencies for longer sentences  
          served in state prison and county jail. 

          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 sentence enhancements and an additional  
          factor in aggravation, any 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  








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          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.


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