BILL ANALYSIS
AB 1376
Page 1
ASSEMBLY THIRD READING
AB 1376 (Bass)
As Amended April 13, 2009
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Solorio, Furutani, Hill, |Ayes:|De Leon, Ammiano, Charles |
| |Ma, Skinner | |Calderon, Davis, Fuentes, |
| | | |Hall, John A. Perez, |
| | | |Price, Skinner, Solorio, |
| | | |Torlakson, Krekorian |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Hagman, Gilmore |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
| | | | |
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SUMMARY : Establishes an independent, multi-jurisdictional body
to provide a non-partisan forum for statewide policy
development, information development, research and planning
concerning criminal sentences and their effect.
EXISTING LAW :
1)States when a judgment of imprisonment is to be imposed and
the statute specifies three possible terms, the court shall
order imposition of the middle term unless there are
circumstances in aggravation or mitigation of the crime. At
least four days prior to the time set for imposition of
judgment, either party or the victim, or the family of the
victim if the victim is deceased, may submit a statement in
aggravation or mitigation to dispute facts in the record or
the probation officer's report or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider
the record in the case; the probation officer's report; other
reports, including reports received pursuant to existing law
and statements in aggravation or mitigation submitted by the
prosecution, the defendant, or the victim, or the family of
the victim if the victim is deceased; and any further evidence
introduced at the sentencing hearing. The court shall set
AB 1376
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forth on the record the facts and reasons for imposing the
upper or lower term. The court may not impose an upper term
by using the fact of any enhancement upon which sentence is
imposed under any provision of law. A term of imprisonment
shall not be specified if imposition of sentence is suspended.
2)Declares legislative intent that the purpose of imprisonment
for crime is punishment. This purpose is best served by terms
proportionate to the seriousness of the offense with provision
for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature
further finds and declares that the elimination of disparity
and the provision of uniformity of sentences can best be
achieved by determinate sentences fixed by statute in
proportion to the seriousness of the offense as determined by
the Legislature to be imposed by the court with specified
discretion.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Because this measure is in skeletal form, precise costs cannot
be determined. Based, however, on earlier sentencing
commission models, annual costs would be in the range of $2.5
million, depending on the authority of the body.
2)Prospective costs/savings due to actions of the body cannot be
determined, though it is likely a non-politicized sentencing
commission, using evidence-based practices and models, could
recommend a sentencing/parole scheme that results in
significant net state savings.
COMMENTS : According to the author, "AB 1376 seeks to create an
independent, multi-jurisdictional body to work on policy issues
related to the state's criminal justice system. It is
anticipated that such a body could work on issues ranging from
the state's sentencing structure to what needs to be done to
curtail the cycle of recidivism. Our current criminal justice
sentencing structure leads to seriously overcrowded facilities,
financial constraints, an inability to deliver reentry services
and high recidivism rates. California needs to step back and
comprehensively look at our system. A sentencing entity could
review our codes; look at individual sentences, policies and
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programs that are successful or unsuccessful in other states;
incarceration and alternatives, as well as rehabilitation and
public safety."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0001121