BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 966


                                                                    Page  1





          Date of Hearing:  June 21, 2016


          Chief Counsel:     Gregory Pagan








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          966 (Mitchell) - As Amended June 1, 2016





          SUMMARY:  Limits the current three year enhancement for prior  
          conviction of specified controlled substance offenses to  
          convictions for the manufacture of a controlled substance, or  
          using or employing a minor in the commission of specified  
          controlled substance offenses.





          EXISTING LAW:  








                                                                     SB 966


                                                                    Page  2








          1)Classifies controlled substances in five schedules according  
            to their danger and potential for abuse.  Schedule I  
            controlled substances have the greatest restrictions and  
            penalties, including prohibiting the prescribing of a Schedule  
            I controlled substance.  (Health & Saf. Code, §§ 11054 to  
            11058.)

          2)Provides that any person convicted of, or conspiracy to commit  
            the sale, furnishing,  transportation, or possession for sale  
            of cocaine, cocaine base, heroin, or other specified  
            controlled substances shall, in addition to any other  
            punishment, receive a full, separate, and consecutive three  
            year term of imprisonment in a county jail for each prior  
            conviction for sale, possession for sale, manufacturing,  
            possession with the intent to manufacture specified controlled  
            substances, or using a minor in the commission of specified  
            controlled substance offenses.  (Health & Saf. Code, §  
            11370.2, subd. (a).)

          3)Provides that any person convicted of, or conspiracy to commit  
            the sale, possession for sale,    the manufacture, possession  
            with the intent to manufacture PCP, or using a minor in the  
            commission of specified offenses related to PCP shall, in  
            addition to any other punishment , receive a full, separate,  
            and consecutive three year term of imprisonment in a county  
            jail for each prior conviction for sale, possession for sale,  
            manufacturing, possession with the intent to manufacture  
            specified controlled substances, or using a minor in the  
            commission of specified controlled substance offenses.   
            (Health & Saf. Code, § 11370.2, subd. (a).)

          4)Provides that every person that transports, imports into the  
            state, sells, furnishes, administers, or gives away, or offers  
            to transport, import into the state, sell, furnish, or give  
            away, or attempts to import into this state or transport  
            cocaine, cocaine base, or heroin, or other specified  








                                                                     SB 966


                                                                    Page  3





            controlled substances listed in the controlled substance  
            schedule, without a written prescription from a licensed  
            physician, dentist, podiatrist, or veterinarian shall be  
            punished by imprisonment for three, four, or five years.  
            (Health & Saf. Code, § 11352, subd. (a).)

          5)States, except as provided, that every person who possesses  
            for sale or purchases for purposes of sale any of the  
            specified controlled substances, including cocaine and heroin,  
            shall be punished by imprisonment in a county jail for two,  
            three, or four years.  (Health & Saf. Code, § 11351.)


          6)Provides that every person that transports, imports into the  
            state, sells, furnishes, administers, or gives away, or offers  
            to transport, import into the state, sell, furnish, or give  
            away, or attempts to import into this state or transport  
            methamphetamine, or other specified  controlled substances   
            listed in the controlled substance schedule, without a written  
            prescription from a licensed physician, dentist, podiatrist,  
            or veterinarian shall be punished by imprisonment for two,  
            three, or four years.  (Health & Saf. Code, § 11379, subd.  
            (a).)

          7)States that the possession for sale of methamphetamine, and  
            other specified controlled substances is punishable by  
            imprisonment in a county jail for 16 months, or two or three  
            years. (Health & Saf. Code, § 11378.)

          8)Provides that any person who manufactures, compounds,  
            converts, produces, derives, processes, or prepares specified  
            controlled substances is guilty of a felony, punishable by  
            imprisonment in the state prison for three, five or seven  
            years.  (Health & Saf. Code, § 11379.6.)

          9)Any person who possesses specified chemicals with the intent  
            to manufacture methamphetamine or PCP shall be punished by  
            two, four, or six years in state prison.  (Health & Saf. Code,  
            § 11383.)








                                                                     SB 966


                                                                    Page  4








          FISCAL EFFECT:  Unknown





          COMMENTS:  



          1)Author's Statement:  According to the author, " SB 966 would  
            begin undoing the damage of the failed War on Drugs. Long  
            sentences that were central to the drug war strategy - driven  
            by mandatory sentences like the enhancement SB 966 will repeal  
            - utterly failed to reduce drug availability or the number of  
            people harmed in the illicit drug market. Controlled  
            substances are now cheaper and more widely available than ever  
            before, despite a massive investment of tax revenue and human  
            lives in an unprecedented build-up and fill-up of prisons and  
            jails that have devastated low-income communities of color.

            "By amending the sentencing enhancement for prior non-violent  
            drug convictions, this bill will improve public safety and  
            community well-being, reduce racial disparities in the  
            criminal justice system, and allow public funds to be invested  
            in community-based programs instead of costly jail expansion.

            "SB966 would address extreme sentences. Enhancements result in  
            sentences being far more severe than is just, sensible, or  
            effective. Under current law, a person may face two to four  
            years in jail for possessing drugs for sale under the base  
            sentence. But if the person has two prior convictions for  
            possession for sale, they would face an additional six years  
            in jail - for a total of ten years. As of 2014, there were  
            more than 1,700 people in California jails sentenced to more  
            than five years. The leading cause of these long sentences was  








                                                                     SB 966


                                                                    Page  5





            non-violent drug sale offenses.

            "SB 966 would reduce racial disparities in the criminal justice  
            system. Although rates of drug use and sales are comparable  
            across racial lines, people of color are far more likely to be  
            stopped, searched, arrested, prosecuted, convicted, and  
            incarcerated for drug law violations than are whites. Research  
            also shows that prosecutors are twice as likely to pursue a  
            mandatory minimum sentence for Blacks as for whites charged  
            with the same offense.

            "SB 966 would help restore balance in the judicial process.  
            Prosecutors use enhancements as leverage to extract guilty  
            pleas, even from the innocent. Prosecutors threaten to use  
            enhancements to significantly increase the punishment  
            defendants would face should they exercise their right to a  
            trial. According to Human Rights Watch, "plea agreements have  
            for all intents and purposes become an offer drug defendants  
            cannot afford to refuse."

            "SB 966 will stop the cruel punishment of persons suffering  
            from a substance abuse disorder.  People who suffer untreated  
            substance abuse disorders often sell drugs to pay for the  
            drugs that their illness compels them to consume. It is  
            fundamentally unjust, as well as counterproductive, to put a  
            sick person in jail to address behaviors better handled in a  
            medical or treatment setting."

          2)Background:  The enhancement for prior drug crime convictions  
            was enacted through AB 2320 (Condit), Chapter 1398, Statutes  
            of 1985).  The bill included legislative intent "to punish  
            more severely those persons who are in the regular business of  
            trafficking in, or production of, narcotics and those persons  
            who deal in large quantities of narcotics as opposed to  
            individuals who have a less serious, occasional, or relatively  
            minor role in this activity."


            The bill - called "The Dealer Statute" - was sponsored by the  








                                                                     SB 966


                                                                    Page  6





            Los Angeles District Attorney and also included enhancements  
            based on the weight of the drug involved in specified drug  
            commerce crime.  The sponsor explained that the bill was  
            modeled on particularly harsh federal drug crime laws.  The  
            sponsor argued that the bill was necessary to eliminate an  
            incentive for persons "to traffic [in drugs] in California  
            where sentences are significantly lighter than in federal  
            law."  The federal laws to which the sponsor referred were  
            those enacted in the expansion of the war against drugs during  
            the Reagan administration.  These laws included reduced  
            judicial discretion through mandatory minimum sentences.  The  
            current administration has begun to pull back on some of the  
            harshest policies and Congress has passed some sentence  
            reductions, most notably reducing the disparity between  
            cocaine powder crimes and cocaine base crimes.


          3)Argument in Support:  According to the American Civil  
            Liberties Union, "SB 966 will repeal the harsh three-year  
            enhancement for prior nonviolent drug offenses.  The  
            enhancement, which has failed to protect communities or reduce  
            the availability of drugs, but has crippled state and local  
            budgets and contributed to jail and prison overcrowding, is  
            one of the many enhancements overdue for repeal.

          "Sentence enhancements based on prior convictions target the  
            poorest and most marginalized people in our communities:   
            those with substance use and mental health needs, and those  
            who, after prior contact with police or imprisonment, have  
            struggled to reintegrate into society.  These and other long  
            sentences, central to the war on drugs, have utterly failed to  
            reduce drug availability or protect people harmed in the  
            illicit drug market, yet they have devastated low-income  
            communities of color, broken up families, and disrupted lives  
            in California and across the country.  Despite significant  
            financial investments in criminal prosecutions and  
            imprisonment, controlled substances are now cheaper and more  
            widely available than ever before, and our communities are no  
            safer.








                                                                     SB 966


                                                                    Page  7






          "As a result of California's lengthy sentences, including  
            enhancements like the ones addressed by SB 966, counties  
            around the state are building new jails to imprison people  
            with long sentences.  Since 2007, California has spent $2.2  
            billion on county jail construction, not including the costs  
            borne by the counties for construction and increased staffing,  
            or the state's debt service for high-interest loans.  Sheriffs  
            have argued for this expansion by pointing to their growing  
            jail populations, particularly people with long sentences and  
            with mental health and substance us needs.  However, jail  
            expansion has not improved public safety and has instead  
            funneled money away from the community-based programs and  
            services that have proven to successfully reduce crime.

          "By reducing sentences for people with prior drug convictions,  
            SB 966 will allow state and county funds to instead be  
            invested in programs and services that meet community needs  
            and improve public safety, including community-based mental  
            health and substance use treatment, job programs, and  
            affordable housing.  SB 966 will ease overcrowding in our  
            county jails, making them safer for inmates and jail staff  
            alike.  And lastly, SB 966 will start to undo the state's  
            shameful legacy of archaic drug laws that have been used to  
            target communities of color for decades."


          4)Argument in Opposition:  According to the Office of the San  
            Diego County District Attorney, "Currently, the Office of  
            National Drug Control Policy reports our nation is in the  
            grips of an opioid epidemic, and California is not immune.  In  
            2013, California hospitals treated more than 11,500 patients  
            suffering an opioid or heroin overdose; this is about one  
            overdose every 45 minutes.  Now is not the time to reduce  
            penalties for sales and trafficking of opioids.  Other states  
            are actually increasing the penalties for trafficking in  
            certain opioids.  Legislation aimed at funding educational and  
            prevention programs to reduce the current opioid addiction  
            epidemic would better serve all Californians.








                                                                     SB 966


                                                                    Page  8






          "SB 966 repeals the current three year sentence enhancement for  
            defendants convicted of specified drug sales and possession  
            for sale crimes who have prior convictions for drug sales or  
            possession for sale offenses.  The scenario we will face is  
            one where a defendant with multiple convictions for drug sales  
            or possession for sale, or drug manufacturing offenses would  
            be treated the same as a first time offender.  This would  
            include reducing the sentences for those who knowingly  
            manufacture "Norco" pills laced with fentanyl, an opiate about  
            100 times stronger than heroin.  The first time offender may  
            need education or treatment for opioid addiction, while the  
            defendant with multiple convictions for sales should receive  
            punishment.

          "Heroin addiction has spiked in recent years, especially for  
            counties along the U.S. - Mexico border.  In 2014, more than  
            300 San Diegans died from heroin overdoses, and the  
            percentages of men and women booked into county jail who  
            tested positive for heroin or other opiates were the highest  
            since tracking began in 2000.  The problem is severe enough  
            locally that patrol deputies in the San Diego Sheriff's  
            Department are now equipped to administer a drug that  
            counteracts the effects of heroin and other opioids.  Overall,  
            experts say heroin use in San Diego County is at its highest  
            rate in 15 years.  Experts say the resurgent heroin epidemic  
            stems in part from doctors' over-prescription of legal opioid  
            pain killers such as Oxycodone or its time release cousin,  
            OxyContin.  When addicts can no longer afford, or find these  
            particularly addictive over-the-counter drugs, they move on to  
            heroin.  Drug cartels are taking notice of the demand and in  
            2014, law enforcement agencies in the U.S. seized triple the  
            amount of heroin confiscated in 2009.  SB 966 will allow these  
            drug dealers to escape the additional punishment they  
            deserve."

          REGISTERED SUPPORT / OPPOSITION:










                                                                     SB 966


                                                                    Page  9








          Support



          Ella Baker Center for Human Rights (Co-sponsor)


          Drug Policy Alliance (Co-sponsor)
          American Civil Liberties Union of California (Co-sponsor)
          California Attorneys for Criminal Justice
          American Friends Service Committee


          California Immigrant Policy Center
          Friends Committee on legislation California
          Enlace
          Prison Policy Initiative
          Lawyers' Committee for Civil Rights
          Riverside Temple Beth El
          Reform California
          Los Angeles County Public Defender
          Reentry Success Center
          Californians United for a Responsible Budget
          California Public Defenders Association
          National Association of Social Workers, California Chapter
          Center on Juvenile and Criminal Justice
          Project Inform
          Oakland Rising
          Needle Exchange Emergency Distribution
          Alliance for Mena and boys of Color
          Bend the Arc: A Jewish Partnership for Justice
          Legal Services for Prisoners with Children
          California Partnership
          Bay Area Black Worker Center
          Community Works
          Women's Council of the California Chapter of the National  








                                                                     SB 966


                                                                    Page  10





          Association of Social Workers
          Law Enforcement Against Prohibition
          Islamic Shura Council of southern California
          Time for Change Foundation
          Coalition for Humane Immigration Rights for Los Angeles
          Forward Together
          HIV Education & Prevention Program of Alameda County
          Social Justice Learning Institute
          Santa Cruz County Community Coalition to Overcome Racism
          California Coalition for Women  Prisoners
          San Francisco Public Defender
          Asian American Criminal Trial Lawyers Association
          Starting Over, Inc.
          Essie Justice Group
          Silicon Valley De-Bug
          Rubicon Programs
          Arts for Incarcerated Youth Network
          San Diego Organizing Project
          Swords to Plowshares
          TGI Justice Project
          The Sentencing Project
          Tarzana Treatment Centers, Inc.
          Unite Here, Local 2850
          Young Women's Freedom Center
          Mayor of the City of Richmond
          California Prison Moratorium Project
          John Gioia, Contra Costa County Board of Supervisors
          Californians for Safety and Justice
          Harm Reduction Services
          Time For Change Foundation
          A New Way of Life Reentry Project
          Asian Americans Advancing Justice-California
          Black Women Organized for Political Action
          California Association for Alcohol and Drug Program Executives,  
          Inc.
          Contra Costa County Public Defender's Office
          Center for Health Justice
          Center for Living and Learning
          Center for Employment Opportunity








                                                                     SB 966


                                                                    Page  11





          Critical Resistance Los Angeles
          Communities United for Restorative Justice
          Health Communities, Inc.
          Justice Not Jails
          Los Angeles Community Action Network
          Centro Legal de la Raza
          Mortgage Personnel Services
          Motivating Individual Leadership for Public Advancement (MILPA)
          Holman United Methodist Church
          Justice Policy Institute
          Women's Foundation of California
          Alameda County Public Defender
          Underground Scholars Initiative, UC Berkeley
          Marijuana Lifer Project
          Filipino Bar Association of California
          Monterey Bay Central Labor Council, AFL-CIO
          National Association of Public Defense
          National Center for Youth Law
          A New Path
          California State Conference of the National Association for the  
          Advancement of Colored People
          HealthRIGHT 360
          East Bay Alliance for a Sustainable Economy
          Courage Campaign
          Safe Return Project
          Reentry Solutions Group
          Western Regional Advocacy Project
          Asian Pacific Environmental Network
          S.T.O.P.  Hepatitis Task-Force
          W. Haywood Burns Institute
          Inland Coalition for Immigrant Justice
          Bay Area Community Resource Workforce Development
          Resource Center for Nonviolence
          Presente.org
          Prison Law Office
          Prison Activist Resource Center
          Orange County Needle Exchange Group
          National Employment Law Project
          Poetic Knights I.N.C.








                                                                     SB 966


                                                                    Page  12





          ACCE Action
          Root & Rebound
          Four Private Citizens



          Opposition


          


          California District Attorneys Association
          California Police Chiefs Association
          California State Sheriffs' Association
          Office of the San Diego District Attorney


          Peace Research Association of California
          Association for Los Angeles Deputy Sheriffs
          Association of Deputy District Attorneys
          California Association of Code Enforcement Officers
          California College and University Police Chiefs Association
          California Narcotics Officers Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Riverside Sheriffs Association
          Fraternal Order of Police, California State Lodge
          California State Law Enforcement Association
          Sacramento Deputy Sheriffs Association
          Long Beach Police Officers Association 
          Association of Orange County Deputy Sheriffs
          
          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)  
          319-3744












                                                                     SB 966


                                                                    Page  13