BILL ANALYSIS SENATE COMMITTEE ON Public Safety Senator John Vasconcellos, Chair S 1999-2000 Regular Session B 8 7 3 (Vasconcellos) As Introduced February 25, 1999 Hearing date: Code JM:jm STUDY OF THE "THREE STRIKES" LAW HISTORY Source: Author Prior Legislation: SB 2048 (Vasconcellos) 1998 - vetoed by Governor (as study bill) SB 1317 (Lee) 1997 - failed passage on Senate Floor SB 2089 (Marks) 1995 - failed passage on Senate Floor AB 1444 (Kuehl) 1996 - failed passage in Assembly Public Safety Proposition 184, November 1994 - Enacted AB 971 (Jones/Costa) Chapter 12, Statutes of 1994 Support: ACLU; California Public Defenders Association; California Attorneys for Criminal Justice; California NORML; Lutheran Office of Public Policy; Families to Amend California's Three Strikes; several individuals Opposition: None known (More) SB 873 (Vasconcellos) Page 2 KEY ISSUE SHOULD THE LEGISLATURE COMMISSION AN OBJECTIVE STUDY BY THE LEGISLATIVE ANALYST TO ASSESS THE EFFECTS AND COST OF THE "THREE STRIKES" LAW? PURPOSE The purpose of this bill is to require a study by the Legislative Analyst of the effects and costs of the "Three Strikes" law. Existing law provides that a defendant, who is convicted of any current felony, with prior convictions of two or more "violent" or "serious" felonies, must receive a life sentence with a minimum term of 25 years. (Penal Code section 667(a) and (d)(2)(i); section 1170.12(a) and (c)(2)(A); and section 1192.7)<1> Existing law further provides that where a defendant is convicted of any felony with a prior conviction for a single serious or violent felony, the sentence imposed must be twice the term otherwise provided as punishment. (Penal Code section 667(d)(1) and section 1170.12(c)(1)) Existing law further provides that affected defendants may not receive probation, there is no limitation on the ------------------------------ <1> The minimum term for any defendant with two prior serious or violent offenses must be at least 25 years. In many cases, multiple terms of 25 years to life may be imposed - one for each count (separately charged offense) which does not arise from the same operative facts in the current case. (Penal Code section 667(c)(6)) According to a complex formula, in a rare case, a different minimum term may be imposed if it would result in a longer sentence than 25 years. (Penal Code section 667(d)(2)(A)(i-iii)) (More) SB 873 (Vasconcellos) Page 3 aggregate term, conduct credits are limited to 20% of the term (instead of the usual 50%), and any additional convictions must be imposed consecutively. (Penal Code section 667(c) and section 1170.12(a)) Existing law , unlike five year serious felony enhancement provisions, does not require that prior qualifying convictions arise in separate cases, and qualifying prior "strike" convictions need not arise from separate transactions that can otherwise not be separately punished. (People v. Fuhrman (1997) 16 Cal.4th 830; People v. Benson (1998) 18 Cal.4th 24, 30; Penal Code section 667(a)) Existing law provides that a juvenile adjudication of a sixteen-year old must be counted as a prior "strike" if the offense otherwise qualifies as an adult strike or would establish presumptive unfitness for juvenile court under Welfare and Institutions Code section 707(b), and the minor was declared to be a ward of juvenile court for commission of an offense listed in Welfare and Institutions Code section 707(b). (Penal Code section 667(d)(3) and section 1170.12(b)(3))<2> This bill would require a study of the costs and benefits of the "Three Strikes" law by the Legislative Analyst, in cooperation with the Judicial Council, the Attorney General, and the University of California (upon approval by the Board of Regents). The findings would be reported to the Legislature on or before July 1, 2000. The report would examine the costs and benefits of the "Three Strikes" law in terms of crime reduction and prevention and would ------------------------------ <2> There is substantial overlap among the lists of violent felonies, serious felonies and crimes of presumptive juvenile unfitness. However, a few crimes, such as residential burglary do not constitute unfitness crimes. The California Supreme Court has not finally determined whether a juvenile adjudication for a serious felony such as residential burglary counts as a "strike" in a later adult case. This issue is before the Supreme Court in People v. Gentry S069817. (More) SB 873 (Vasconcellos) Page 4 provide a benefit/cost analysis of the law. It would also assess the degree to which the law exacerbates selective law enforcement problems and the cost of corrective measures. The study would utilize existing resources of the participating agencies. COMMENTS 1. Author's Statement According to the author: Claims and counter-claims as to the effectiveness and costs of the "Three Strikes" law have been made by many. The Legislature and the electorate cannot make sensible decisions about the "Three Strikes" law unless we separate the wheat from the chaff in the discussions and arguments about the effects and costs of "Three Strikes." This is critically important because resources spent on incarcerating people for life cannot be used for other public and private purposes such as education. We should use the state's limited prison resources primarily for those persons who truly present a danger of physical harm to others. We have the esteemed expertise of the Legislative Analyst's Office and the University of California to study the "Three Strikes" law. This issue is too important for speculation and rhetoric, we must learn what we can about this law and respond appropriately. 2. " Three Strikes" in More Detail The "Three Strikes" law was enacted by AB 971 (Jones/Costa) Chapter 12, Statutes of 1994 and by Proposition 184. Mandatory provisions of "Three Strikes" beyond those listed in "existing law," above include: A juvenile adjudication (a findings by a juvenile court judge that the minor committed a crime) may constitute an adult strike prior, (More) SB 873 (Vasconcellos) Page 5 although a juvenile cannot have a jury trial of charges against him or her. (See: Comment #3 below.) A person sentenced under "Three Strikes" may not be committed to any facility other than prison. "Three Strikes" prohibits plea-bargaining. "Three Strikes" eliminates any "washout" period, requiring that any prior serious or violent felony conviction be used regardless of when it occurred. Under "Three Strikes," the prosecuting attorney must plead and prove each prior felony conviction. "Three Strikes" may only be amended by a two-thirds vote of the Legislature or a ballot measure approved by the electorate. 3. Issues Related to Prior Juvenile Offenses (Adjudications) to Establish Prior "Strikes" in Adult Prosecutions The "Three Strikes" law defines a prior juvenile adjudication as a prior strike "conviction"<3> where the following are shown: The minor was at least 16 years old; The minor was found to be fit for juvenile court treatment; The prior offense was one which rendered him or her presumptively unfit for juvenile court (Welfare and Institutions Code section 707(b)) or is defined as a ------------------------------ <3> Juvenile delinquency matters are technically civil, not criminal, cases. As the purpose of juvenile court law is rehabilitation of the minor and public safety, jury trials are not allowed and the minor may not refuse probation. (See: Welfare and Institutions Code section 202 et seq.) (More) SB 873 (Vasconcellos) Page 6 "serious" or "violent" felony for purposes of adult sentencing; The minor was adjudged to be a ward of the juvenile court for a crime of presumptive unfitness. (Penal Code sections 667(d)(3) and section 1170.12 (b)(3)) Arguably, these provisions are internally inconsistent or vague. The California Supreme Court in People v. Davis (1997) 15 Cal.4th 1096, a 4 to 3 decision, held that no special "fitness" hearing was necessary to render a juvenile adjudication a "strike" in a later adult prosecution, as such a finding is implied in every juvenile adjudication. (Id, at 1098-1102.) The ruling in Davis was contrary to the belief of many practitioners. Some district attorneys sought specific findings of fitness by judges or admissions of fitness as part of plea agreements in juvenile cases to insure that a juvenile offense would later constitute a prior "strike" conviction. The court in Davis left "for another day" the determination of whether juvenile serious felonies such as first degree burglary, which are not listed as crimes of presumptive unfitness in Welfare and Institutions Code (W&I) section 707(b), constitute strikes. (Id, at 1103.) That day will apparently dawn with the issuance of the ruling in People v. Gentry, S069817. The appellate court in Gentry held that a prior juvenile offense must be listed in Welfare and Institutions Code section 707(b) in order to constitute a strike in a later adult prosecution. The Supreme Court has let stand an appellate decision contrary to Gentry, in People v. Griggs (1997) 53 Cal.App.4th 57, that held that failure of the "Three Strikes" law to clearly state that all juvenile serious felonies constitute strikes in later adult cases was a "drafting error." If the Supreme Court so finds, the drafting error will be momentous. Many, if not most, practitioners believed that juvenile crimes such as first degree burglary did not constitute strikes, and thousands of juveniles admitted such offenses upon advice of counsel consistent with that belief. Even where minors did not admit the commission of serious felonies, they were not entitled (More) SB 873 (Vasconcellos) Page 7 to jury trials. 4. Differentiation among Felonies Existing law differentiates between the severity of crimes. Thus, some felony offenses, such as rape or murder, have higher penalties than others do, such as theft. Under "Three Strikes," any felony conviction, not only a serious or violent felony conviction, following a violent or serious prior, results in a sentence of twice the normal length. With any two violent or serious felony priors, a new felony conviction results in a life sentence. Thus, "Three Strikes" makes no distinction in severity between different felonies. For example, a person who was convicted of breaking into a neighbor's garage, whether attached to the home or not, on two occasions in order to steal a bicycle, and who was placed on probation for the offenses, would have two serious prior offenses. Any residential burglary is defined as a "serious" felony, whether it occurs in the day or night and whether or not someone is actually in the residence. Any third felony, such as theft of $400 worth of property, results in a life term under the provisions of "Three Strikes," regardless of whether or not he or she had ever acted violently or dangerously. Two counts of theft not committed on one occasion or arising from the same facts - two separate incidents - charged in one case will yield two, consecutive terms of twenty-five years to life. Since the third felony can be any felony, forgery of a $10 check, petty theft with a prior, or possession of a stolen radio with two prior serious felonies would result in a life sentence. 5. Violent and Serious Felonies Defined "Three Strikes" incorporates the definitions of violent and serious felonies as they existed on June 30, 1993. For all practical purposes, all "violent" felonies are "serious" (More) SB 873 (Vasconcellos) Page 8 felonies.<4> Thus the eligible "strikes" are aptly demonstrated by the serious felony list, with additional notations for violent offenses. Serious and violent felonies, as defined by Penal Code section 667.5(b) and section 1192.7, as they existed on June 30, 1993, include the following: a. Murder or voluntary manslaughter (serious and violent) b. Mayhem (serious, and violent if by force or threat of retaliation) c. Rape (serious and violent) d. Sodomy by force, violence, duress, menace, or fear of bodily injury (serious and violent) e. Oral copulation by force, violence, duress, menace or fear of bodily injury (serious and violent) f. Lewd act with child under fourteen years of age (serious and violent) g. Any felony punishable by death or life --------------------------- <4> Continuous sexual abuse of a child is a violent felony, but is not listed as a serious felony. Continuous sexual abuse of child would, however, generally involve repeated sexual crimes against a child which are individually listed as serious felonies in any event, such as lewd acts with a child or forcible oral copulation of a child. Continuous sexual abuse is generally charged in conjunction with other crimes in order to fully punish relatives and intimates of sexually abused children who abuse their special access and control over the victims, and to lessen difficulty of proof as to individual acts where the victim is very young and has an undeveloped sense of time. (Penal Code section 288.5) (More) SB 873 (Vasconcellos) Page 9 imprisonment (serious and violent) h. Any felony in which defendant inflicts great bodily injury on defendant or personally uses a firearm (serious and violent) i. Attempted murder (serious and violent) j. Assault with intent to commit rape/robbery (serious) k. Assault with a deadly weapon on peace officer (serious) l. Assault by life prisoner on a non-inmate (serious) m. Assault with a deadly weapon by inmate (serious) n. Arson (serious, and violent if causes great bodily injury) o. Exploding a destructive device with intent to injure (serious) p. Explosion causing great bodily injury or mayhem (serious) q. Explosion with intent to murder (serious and violent) r. Burglary of inhabited dwelling (serious, and violent if resident is present and weapon used) s. Robbery or bank robbery (serious, and violent if the robbery was a residential robbery with the use of a weapon) t. Kidnapping (serious, and violent if for purposes of sex crimes against a child) (More) SB 873 (Vasconcellos) Page 10 u. Inmate taking a hostage (serious) v. Attempted death or life crime (serious) w. Any felony where defendant personally uses a dangerous or deadly weapon (serious) x. Sale or furnishing heroin, cocaine, PCP, or methamphetamine to a minor (serious) y. Forcible foreign object rape (serious, and violent in most cases) z. Grand theft involving a firearm (serious) aa. Attempts to commit any felony listed in a-z except assault (serious) 6. Judicial Discretion The California Supreme Court held in People v. Superior Court of San Diego County (Romero), (1996) 13 Cal. 4th 497, that for purposes of "Three Strikes," a court may on its own motion strike a prior felony conviction allegation in the furtherance of justice. However, the court's discretion to strike prior offenses is limited. "Its exercise must proceed in strict compliance with section 1385(a) and is subject to review for abuse." (Ibid.) The court must consider the rights of both the defendant and of society and may not strike a prior solely for reasons of judicial convenience or because of court congestion or of an agreement to plead guilty, or because of personal disagreement with the effects of the "Three Strikes" law. Courts must focus on the nature of the present offenses, the defendant's background and other "individualized considerations." In People v. Williams (1998) 17 Cal.4th 148, the California (More) SB 873 (Vasconcellos) Page 11 Supreme Court further strictly limited the discretion of trial court to dismiss a prior conviction. The court in Williams essentially held that a trial court abuses its discretion in dismissing a prior strike if the defendant's criminality has been unbroken. This is true even where the defendant's current conviction, as was the case in Williams, is not for a serious or violent felony (a conviction that qualifies as a prior "strike." A defendant who seeks relief through a dismissal of a prior "strike" must establish that he or she should be treated as though he or she falls outside the scope of the "Three Strikes" law. (Id, at 161.) A trial court's discretion to deem a "wobbler" to be a misdemeanor pursuant to Penal Code section 17(b), and the Alvarez decision (People v. Alvarez (1997) 14 Cal.4th 968), may be slightly wider than the discretion to dismiss a prior conviction. However such a decision must also be made only after consideration of all relevant facts, including a defendant's prior qualifying ("serious" or "violent") convictions under the "Three Strikes" law, such a discretionary decision is also of limited scope. The very limited use of sentencing discretion by trial judges has been clearly demonstrated by applicable data. Commitments to prison under the "Three Strikes" law stayed virtually constant after the Romero and Alvarez decisions. (Three Strikes Update, Legislative Analyst's Office, October 1997.) 7. Current Data from the California Department of Corrections Shows Who is in Prison under "Three Strikes " a) Total prison population, March 29, 1999 159,911 Total prison population, March 29, 1998 156,662 Percentage increase in the last year 2% (More) SB 873 (Vasconcellos) Page 12 b) March 4, 1999 DOC data analysis of "Three Strikes" prison population: Total cases under the "Three Strikes" law account for approximately 30% of prison inmates. Second "strike" (one prior strike conviction) inmates total 39,997 Third "strike" (two prior strike convictions) inmates total 5,043 Total "strike" inmates 45,040 c) Breakdown of "strike" offenses by types of crimes for which inmates were sentenced to prison: "Second Strike" Cases (one prior "serious" felony): Crimes against Persons 20.0% Drug Crimes 31.8% Property Crimes 35.9 % "Other" Crimes 10.4% Missing Data 1.9% "Second Strike" inmates with non-serious/nonviolent current offenses are approximately 78%. "Third Strike" Cases: Drug Crimes 19.4 % Property Crimes (More) SB 873 (Vasconcellos) Page 13 31.6 % Crimes against Persons 40.2% "Other" Crimes 8.9% Missing Data 1.2% "Third Strike" Inmates with nonserious/nonviolent current offenses are approximately 50%. d) Specific Crime Comparisons: Inmates Serving "Second Strike" (Doubled) Terms: Simple Possession of (non-marijuana) Controlled Substances: 8,157 All Sex Crimes 1,237 Robbery (with and without weapons) 3,061 Commercial (non-residential) Burglary 3,287 Residential Burglary 1,978 Murder (first and second degree) 222 Total "Second Strike" Inmates 39,997 Inmates Serving "Third Strike" (Twenty-five Years to (More) SB 873 (Vasconcellos) Page 14 Life) Terms: Simple Possession of (non-marijuana) Controlled Substances 498 All Sex Crimes 239 Robbery (with and without weapons) 912 Commercial (non-residential) Burglary 347 Residential Burglary 580 Murder (first and second degree) 161 Total "Third Strike" Inmates: 5,043 8. Justice Policy Institute Statistical Study on Implementation and Effects of "Three Strikes " The Justice Policy Institute (JPI) along with the University of California, Irvine School of Social Ecology doctoral candidate Mark Males recently published a study, Striking Out, on the implementation of the "Three Strikes" law in various California counties. The study used data collected by the Department of Corrections and the California Department of Justice from the twelve largest counties in California. a) Data on the numbers and proportions of defendants sentenced pursuant to "Three Strikes" by county: The JPI study examined the data on the defendants sent to prison from each of the twelve largest counties under "Three Strikes" sentences. The data included raw numbers and the proportion of "Three Strikes" sentences in contrast to other prison terms from each county. The study concluded that the proportion of defendants sent to prison under "Three Strikes" (More) SB 873 (Vasconcellos) Page 15 reflected the charging policies of the county district attorney. The authors of the study concluded that a county's reliance upon, or heavy use of, the "Three Strikes" law in sentencing did not correlate to lower rates of crimes. Counties such as Alameda and San Francisco that sent a very smaller percentage of defendants to prison under "Three Strikes" sentences had greater decreases in crime, particularly violent crime, than did counties such as Sacramento and Los Angeles, that relied heavily upon "Three Strikes" in charging and sentencing clients. Table 3 from Striking Out The counties sentencing the most heavily under "There Strikes" do not show the biggest crime declines. Sentencing Rates: Postlaw change* in rate of: 3rd 2nd & 3rd All Strike Strikes* Homicide Violent Index Sacramento 3.6 26 -22.1 -6.4 -3.2 Los Angeles 3.6 33.5 -27.9 -28.2 -27.5 San Diego 3.4 35.3 -38.2 -22.8 -28.1 Riverside 2.7 27.1 -25.7 -18 -24 Fresno 2.6 21.5 -20 -1.4 -9.2 Santa Clara 2.6 23.4 -24.6 9 -18.9 Avg. Six Heaviest 3.1 27.8 (More) SB 873 (Vasconcellos) Page 16 -26.4 -12.7 -18.5 Orange 2.4 21.1 -30.9 -15.6 -28.8 San Bernardino 2.1 17 -23.9 -20.9 -16.1 Contra Costa 1.4 15.7 -32.9 -21.7 -15 Ventura 1.3 18.8 -26.6 -24.3 -22 Alameda 0.7 5.9 -24.2 -17.2 -13.7 San Francisco 0.3 4.9 -31.8 -28 -24.5 Avg. Six Lightest 1.4 13.9 -28.4 -21.3 -2.0 *Sentencing rate is per 1,000 felonies by county. Postlaw change compares reported crime rate for 1995-1997 (postlaw) to that of 1991-1993 (prelaw). (Source: California Criminal Justice Statistics Center; California Department of Corrections, Date Analysis Unit.) The JPI study authors summarized their conclusions about county by county use of "Three Strikes" and crime rates: Data clearly shows that counties that vigorously and strictly enforce the "Three Strikes" law did not experience a decline in any crime category relative to more lenient counties. The absence of any difference in relative crime rates occurred despite the fact that the six largest counties [in terms of use of "Three Strikes"] applied the law at a rate 2.2 times greater than the six counties that invoked the law least. Even more remarkable, the sevenfold greater use of "Three Strikes" in Sacramento and Los (More) SB 873 (Vasconcellos) Page 17 Angeles was not associated with a bigger crime decline than in Alameda and San Francisco, two counties that rarely use the law. In fact, San Francisco, the county which uses "Three Strikes" most sparingly, witnessed a greater decline in violent crime, homicides and all index crime than most of the six heaviest enforcing counties. b) Data as to the ages of defendants sentenced pursuant to "Three Strikes": The data indicated that the target population for deterrence from "Three Strikes" - felons between thirty and forty years of age - were not likely deterred from crime, as crime rates grew in this age group after "Three Strikes" in comparison with other age groups in California: The JPI Study Concluded: Under deterrence and selective incapacitation theory, one would expect that the most dramatic declines would occur in the over thirty age group, since this is the population disproportionately targeted by "Three Strikes". In contrast, declines among the twenty to twenty-four year old age groups would be negligible because smaller proportions of felons from this population are receiving enhanced sentences. However, age group crime patterns reveal a directly opposite effect than what would be predicted by the selective incapacitation and deterrence arguments for "Three Strikes." The table and graph below compare age group crime patterns for the three years after the law took effect (1995-1997) and the three years prior to the law's enactment (1991-1993). An analysis of crime data for (More) SB 873 (Vasconcellos) Page 18 these years does not support the "Three Strike" crime reduction through selective incapacitation and deterrence effect. Table 1: Older offenders are more heavily sentenced under "Three Strikes" Number sentenced for: Number of 3rd Strike sentences per 1,000 2nd Strike 3rd Strike Violent Crimes Felonies Under 20 470 14 0.1 0 20-24 5,009 176 1.7 0.5 25-29 7,603 653 7.1 1.9 30-39 15,297 2,224 13.9 3.8 40-49 5,873 1,071 16.7 4.6 50+ 1,111 220 10.7 3.5 Total 35,363 4,368 (Source: California Department of Corrections, Data Analysis Unit. Second-Strike Cases, June 30, 1998) 9. Bill Jones, California Secretary of State and Co-Author of the "Three Strikes" Law : Five-Year Report on the Success of "Three Strikes " (More) SB 873 (Vasconcellos) Page 19 In a press release dated February 26, 1999, Secretary Jones asserts that the "Three Strikes" law is responsible for the decline in crime in California: The theory was simple, if we could incarcerate the small percentage of criminals who commit the vast majority of crimes, we could effectively lower the crime rate and save thousands of lives. Five years later, we have witnessed a reduction in crime that is greater than even the most optimistic "Three Strikes" supporters predicted. Secretary Jones cited California Department of Justice (DOJ) statistics that overall crime in California is down 38% and that murder and robbery rates are down by 50%. He attributes the decline to the "Three Strikes" law. Secretary Jones further argues that "Three Strikes" has deterred recidivists: [I]n 1994, the year that "Three Strikes" was put in place, more parolees left the state than entered for the first time since 1976. That trend continues to this day. The actual number of parolees leaving--as opposed to entering--California is not stated in the report. The report does not indicate whether "parolees leaving" have been formally transferred to other states for supervision, absconded or have left California after successfully completing parole, including those who may have been residents of other states prior to conviction in California. The data from DOC indicates that a very small change in raw numbers and proportions of California parolees who have opted for sister-state supervision since "Three Strikes." Less than 2% of California parolees are in out-of-state supervision. DOC data further reflects a less than 7% increase in the number of California parolees who have opted for supervision in other states since "Three Strikes" became law. This occurred over a period of a time in which the numbers of prison inmates, and hence the parole population, rose significantly. (More) SB 873 (Vasconcellos) Page 20 Data from Department of Corrections on California parolees in out-of-state supervision: Out-of-state parole supervision for 1993 2045 Out-of-state parole supervision for 1995 2764 Out-of-state parole supervision for 1998 2193 Total parole population on March 28, 1999 112,614 Percentage of parolees out-of-state 2% Similar trends are reflected in the numbers of out-of-state parolees who have opted for supervision in California. The numbers initially fell from 2,271 in 1993 to 1,275 in 1997. However, in 1998 the number of out-of-state parolees in California began rising again to 1,284. As of March 28, 1999, 1,316 sister state parolees are under California supervision. This is occurring during a period when crime rates are declining nationwide. Finally, Secretary Jones argues that "[t]he economic savings to the people of California from the reduction in crime during the "Three Strikes" era is between $8.2 billion and $21.7 billion." 10. Cost of "Three Strikes " On February 20, 1996, the Senate Committees on Judiciary, Criminal Procedure, and Budget and Fiscal Review held a joint informational hearing on "The Impact of 'Three Strikes' Law on the Civil and Criminal Justice System in California." Representatives were invited from state and county correctional systems, judges, city and county representatives, district attorneys, defense counsel, police and sheriffs' representatives, and independent penal and fiscal experts. (More) SB 873 (Vasconcellos) Page 21 At the six-hour hearing, the Committees learned that the impact of "Three Strikes" has varied widely between counties, but courts, jails and prosecution and defense efforts have been impacted in virtually all counties. The Legislative Analyst's office noted at the hearing that although more than 90% of all felony cases are disposed of through plea bargaining in which the defendant ultimately agrees to plead guilty, many fewer offenders are agreeing to plead guilty in "Three Strikes" cases, presumably because of the much longer sentences. This has resulted in many more cases going to trial and many more defendants being held in county jail awaiting or undergoing trial. The backlog of criminal cases has pushed some misdemeanor and low-level felony cases out of court, as well as civil cases in some jurisdictions. The "Three Strikes" law has limited the ability of public defenders' offices to handle misdemeanor cases for indigent defendants. Because of the impact "Three Strikes" cases have on jails, some counties are no longer booking misdemeanants and are releasing more sentenced and pre-sentenced "Three Strikes" offenders from custody. Assaults within the jail systems have increased, apparently due to the number of "Three Strikes" cases, where the inmates are facing substantially longer terms. Recent data continues to document the cost of the "Three Strikes" law, particularly in Los Angeles County, which prosecutes approximately 40% of the "Three Strikes" cases statewide. Through 1997, the cost of "Three Strikes" cases to the Los Angeles County Public Defender's Office has been over $80 million, costs to the prosecution totaled approximately $75 million and costs to the Sheriff were approximately $140 million. Because of the impact on Los Angeles County, it has filed a claim with the Commission on State Mandates for $322 million for the costs of "Three Strikes" to the county through 1997. (More) SB 873 (Vasconcellos) Page 22 The RAND Corporation reported on the cost of "Three Strikes" implementation. The first, a 1994 study, determined that full implementation of "Three Strikes" could reduce crime by 21% at a cost to the state of an additional $5.5 billion per year, primarily for prison operations. RAND researcher, Dr. Peter Greenwood, Ph.D., testified at an Assembly Committee on Public Safety hearing in October 1997 on "Three Strikes and Judicial Discretion" that approximately 10% of the reduction in crime in California could be attributed to the "Three Strikes" law. Another RAND study, Diverting Children From a Life of Crime: Measuring Costs and Benefits, concludes that a combination of graduation incentives and parent training could achieve a similar amount of crime reduction for less than $1 billion, or less than 20% of the cost of the "Three Strikes" program. 11. Prison Saturation Population Numbers The Associated Press, in an article printed in the April 2, 1999 issue of the Sacramento Bee reported that California prisons are dangerously overcrowded. Current DOC data shows a prison population of approximately 160,000. The design capacity of all facilities is approximately 80,000. The prison system is thus at 200% of capacity. (More) SB 873 (Vasconcellos) Page 23 The Bee article, "April 2001, No More Room at Inn," quoted Robert Presley, Director of Youth and Adult Correctional Agency (YACA) on the conditions in California prisons. Presley told the AP that the prison system "is approaching critical mass . . . [By] April, 2001 . . . we will have exhausted every cranny and nook." Every "cranny and nook" includes converted gymnasiums, with bunk beds in long rows, and other rooms and spaces never designed to house inmates. Despite saturation inmate numbers, the electorate has not approved a prison construction (general obligation) bond in a decade. Other forms of prison financing, including a complex leasing arrangement between state agencies, is more expensive than general obligation bonds. Such measures raise constitutional budget issues and have not found easy passage in the Legislature. Director Presley noted in the AP article that YACA will seek to increase drug treatment for prisoners. The Little Hoover Commission has found such treatment to be quite successful in reducing recidivism. However, under the "Three Strikes" law, an inmate serving a life term for a current drug offense cannot be released for at least twenty years. Neither society nor inmates could see substantial benefits from drug treatment for inmates imprisoned for life at a current annual cost of about $23,000. SHOULD THE LEGISLATURE COMMISSION A STUDY BY THE LEGISLATIVE ANALYST, WITH THE ASSISTANCE OF THE UNIVERSITY OF CALIFORNIA, THE ATTORNEY GENERAL AND THE JUDICIAL COUNCIL, TO ACCURATELY AND FULLY ANALYZE THE EFFECTS AND COSTS OF THE THREE STRIKES LAW? 12. Related Legislation SB 79 (Hayden), also scheduled to be heard in this committee today, would change the "Three-Strikes" law to require that a third strike must be a serious or violent SB 873 (Vasconcellos) Page 24 felony. AB 1247 (Baugh), currently in the Assembly Public Safety Committee, would also require a study of the "Three-Strikes" law by the Legislative Analyst. ***************