BILL ANALYSIS AB 513 Date of Hearing: May 14, 1997 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman AB 513 (Hertzberg) - As Introduced Policy Committee: PUB. S. Vote: 9 - 0 Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY This bill adds manufacture of specified large amounts of methamphetamine, amphetamine, or PCP to the list of offenses related to these substances that are eligible for state prison sentence enhancements of 3 to 15 years. Specifically, this bill : 1. Applies existing enhancements for possession, sale, or transportation of the following amounts of methamphetamine, amphetamine, or PCP to manufacture of these substances. (Enhancements are in addition to the punishment for the underlying offense.) a. 3 years if the amount is one kilogram or 30 liters. b. 5 years if the amount is four kilos or 100 liters. c. 10 years if the amount is 10 kilos or 200 liters. d. 15 years if the amount is 20 kilos or 400 liters. 2. Authorizes judges to strike the enhancement if there are mitigating circumstances. FISCAL EFFECT Indeterminable, but potentially significant, annual ongoing state incarceration costs. According to Department of Corrections data, 468 people entered state prison in 1995-96 for manufacturing a controlled substance. If only 10% were convicted of manufacturing methamphetamine, that would result in 47 people serving longer terms. For purposes of illustration, assuming an average enhancement of five years, an average base term of eight years and factoring in time credits, this would result in increased costs of about $650,000 beginning in about 2002, and increasing annually for several years as more - continued - AB 513 Page 1 AB 513 offenders become eligible for the enhancement. In addition, construction costs run about $49,000 per inmate bed; 47 new beds would cost about $2.3 million. If this bill resulted in the need for 250 beds over the next decade, construction costs would exceed $11 million. - continued - AB 513 Page 2