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  

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                                                          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.   











































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