BILL ANALYSIS �
AB 67
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Date of Hearing: March 15, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 67 (Huber) - As Introduced: December 13, 2010
SUMMARY : Provides that any person granted probation for the
sale of methamphetamine shall serve at least 180 days in the
county jail. Specifically, this bill :
1)Requires that any person convicted of the sale of
methamphetamine, who is eligible for and granted probation,
shall be confined in a county jail for at least 180 days, as a
condition of probation.
2)Requires no less than the minimum 180-day sentence to be
imposed unless the court finds that in the interest of justice
not to impose that sentence, and states on the circumstances
indicating why justice would best be served by not imposing
that minimum jail sentence.
EXISTING LAW :
1)Provides that any person convicted of the sale of cocaine,
heroin, or PCP who is eligible for probation, and is granted
probation shall, as a condition thereof, be confined in a
county jail for at least 180 days. The imposition of the
minimum 180 day sentence shall be imposed in every case where
probation has been granted, except that the court may, in an
unusual case where the interest of justice would best be
served, absolve a person from spending the 180-day sentence in
the county jail if the court specifies on the record and
enters into the minutes, the circumstances indicating that the
interests of justice would best be served by that disposition.
(Penal Code Section 1203.076.)
2)Provides that any person who transports, sells, furnishes, or
gives away specified controlled substances, including
methamphetamine, shall be punished by imprisonment state
prison for two, three, or four years. �Health and Safety Code
(HSC) Section 11379(a).]
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3)Provides that a person who possesses for sale specified
controlled substances, including methamphetamine, shall be
punished by imprisonment in the state prison for 16 months, 2
or 3 years. (HSC Section 11378.)
4)Provides that the possession of specified controlled
substances, including methamphetamine, shall be punished by
imprisonment in a county jail for a term not to exceed one
year, or by imprisonment in the state prison for 16 months, 2
or 3 years. �HSC Section 11377(a).]
5)Provides that any person who transports, sells, furnishes, or
gives away specified controlled substances, including heroin
or cocaine shall be punished by imprisonment state prison for
three, four, or five years. �HSC Section 11352(a).]
6)Provides that a person who possesses for sale specified
controlled substances, including heroin and cocaine, shall be
punished by imprisonment in the state prison for two, three,
or four years. (HSC Section 11351.)
7)Provides that the possession of specified controlled
substances, including heroin or cocaine, shall be punished by
imprisonment in the state prison for 16months, 2 or 3 years.
�HSC Section 11350(a).]
8)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. (HSC Sections 11054 to 11058.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 67 enhances
current sentences on individuals convicted of selling
methamphetamine by imposing a minimum jail term of 180 days as
a condition of probation.
"Current law requires those convicted of the sale of cocaine,
heroin, or PCP must serve at least 180 days in jail as a
condition of probation, but existing law does not have a
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similar provision for those convicted of the sale of
methamphetamine. Therefore, a person convicted of the sale of
methamphetamine could be granted probation and not serve one
day in jail.
"We must put to an end the ability of drug dealers to return
directly back to our streets after being convicted of selling
methamphetamine. The longer we put drug pushers behind bars,
the longer drug addicts and drug infested communities will
have to cleanup and break the cycle of drug abuse.
"Despite continuous efforts to combat the methamphetamine drug
use epidemic, its use in California is rampant throughout the
state. The Department of Alcohol and Drug Programs (ADP) has
reported that methamphetamine use is now the most commonly
reported primary drug problem in the state, based on data
collected from all publicly monitored treatment providers.
Nationwide, Californians make up 40% of all methamphetamine
treatment admissions.
"Methamphetamine is a highly addictive stimulant that strongly
activates the reward systems in the brain. The inexpensive
and easily produced drug produces a state of increased energy
and elevated mood, lasting as long as 12 hours. Chronic
methamphetamine use is highly toxic and often leads to
malnutrition, paranoia, confusion, anxiety, aggressiveness,
heart failure, seizures, coma and even death."
2)Maintaining the Penalty Distinction between Schedule I and
Schedule II Controlled Substances . Penal Code Section
1203.076 provides that any person convicted of the sale of
cocaine, heroin, or PCP who is eligible for and granted
probation shall serve at least 180 days in the county jail,
except in unusual circumstances. Existing law does not have a
similar provision relating to the sale of methamphetamine.
Therefore, a person convicted of the sale of methamphetamine
could be granted probation and not serve one day in jail.
This bill requires that persons convicted of the sale of
methamphetamine serve at least 180 days in the county jail.
However, in order to maintain the distinction between
methamphetamine and cocaine or heroin, this bill should be
amended require 120 days incarceration, instead of 180 days,
to reflect the fact that methamphetamine is a Schedule II (HSC
Section 11055) controlled substance and cocaine and heroin are
Schedule I (HSC Section 11054) controlled substances, and the
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fact that the punishment for the sale of methamphetamine is
two, three, or four years and the punishment for the sale of
cocaine or heroin is three, four, or five years. If this bill
were amended to 120 days, as opposed to 180 days, the
distinction between the different schedules and existing
penalties relating to methamphetamine and cocaine and heroin
would be maintained.
3)Argument in Support : According to the California State
Sheriffs' Association , "Current law requires those convicted
of the sale of cocaine or heroin to serve at least 180 days in
a jail as a condition of probation, but existing law does not
have a similar provision for those convicted of the sale of
methamphetamine.
"AB 67 would put an end to drug dealers returning directly to
the streets after being convicted of selling methamphetamine.
The longer we put drug pushers behind bars, the longer drug
addicts and drug infested communities will have to cleanup and
break the cycle of drug abuse."
4)Argument in Opposition : According to the California Attorneys
for Criminal Justice , "First, we would note that it is
important to allow judges to have broad discretion under the
law to determine an appropriate sentence in any given case, as
they can factor such things as the nature of the offense and
the background and character of each individual defendant. To
create presumptive minimum jail term as set forth in AB 67
will only serve to needlessly fetter such judicial discretion
and to further erode the trust we bestow on our independent
judiciary.
"Second, we would also note that the California prison and local
jail systems are currently in crisis mode regarding
overcrowding. The California prison system is facing federal
intervention and a reduction in its budget given California's
fiscal crisis. The prison population is more than double our
prison capacity. Jail populations are only growing and taxing
local county governments. Given this reality and the urgent
need to remedy this major crisis in California's criminal
justice system, we believe it is particularly inappropriate to
pass legislation which would unnecessarily add to California's
already overcrowded and over-burdened prison and county jail
systems."
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5)Prior Legislation:
a) AB 640 (Huber), of the 2009-10 Legislative Session,
would have required any person granted probation for the
sale of methamphetamine to serve a minimum 120 days in the
county jail. AB 640 was vetoed.
b) AB 858 (Gilmore), of the 2009-10 Session, contains a
provision which required any person granted probation for
the sale of methamphetamine to serve a minimum 120 days in
the county jail. AB 858 failed passage in the Assembly
Public Safety Committee.
c) AB 441 (Parra), of the 2007-08 Legislative Session,
would have required any person granted probation for the
sale of methamphetamine to serve a minimum 120 days in the
county jail. AB 441 was held in the Senate Public Safety
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Amador County Sheriff
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California State Sheriffs' Association
Los Angeles Probation Officers' Union,
AFSCME, Local 685
Riverside Sheriffs' Association
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
Drug Policy Alliance
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
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