BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 305 (Bates) - Enhancements: concentrated cannabis ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 27, 2015 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 305 (Bates) Page 1 of ? 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 SB 305 (Bates) Page 2 of ? 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 SB 305 (Bates) Page 3 of ? 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 SB 305 (Bates) Page 4 of ? 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. -- END --