BILL ANALYSIS �
AB 327
Page 1
ASSEMBLY THIRD READING
AB 327 (Davis)
As Amended January 26, 2012
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 9-8
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|Ayes:|Ammiano, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Chesbro, Hall, |
| | | |Hill, Ammiano, Mitchell |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Harkey, Campos, Donnelly, |
| | | |Gatto, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Amends the "Three Strikes" Law, subject to voter
approval, to require that the current conviction be a "serious"
or "violent" felony in order to subject a defendant to an
enhanced sentence under the 25-years-to-life (third strike)
provisions, unless the prosecution pleads and proves that the
defendant committed a current disqualifying offense or was
previously convicted of a disqualifying crime, as specified.
Specifically, this bill :
1)Requires the current conviction to be a serious or violent
felony in order for the third-strike (25-years-to-life term)
provisions of the Three Strikes Law to apply, except under the
following circumstances:
a) If a defendant had previously been convicted of a
sexually-violent offense, a sex crime against a child,
murder, gross vehicular manslaughter while intoxicated, or
any other serious or violent felony punishable by life
imprisonment or death, then a 25-year-to-life term may be
imposed for a non-serious or non-violent "third strike;"
or,
b) If the current offense is a specified sex offense, a
controlled substance offense and the prosecution proved an
allegation that the weight or volume of the drugs exceeded
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specified amounts, or if the defendant used a firearm, or
was armed with a firearm or deadly weapon, or intended to
cause great bodily injury in the commission of the current
offense, then a 25-year-to-life term may be imposed for a
non-serious or non-violent "third strike."
2)States that this bill affects an initiative statute and shall
only become effective when submitted to, and approved by, the
voters of California.
3)Make other technical and non-substantive clarifications and
conforming changes.
EXISTING LAW :
1)Defines a "strike" prior as serious felonies listed in Penal
Code Sections 1192.7(c) and 1192.8, and violent felonies
listed in Penal Code Section 667.5(c).
2)Provides that a defendant who commits any felony and has
previously been convicted of one "strike" prior conviction
must be sentenced to twice the base term of the current
felony.
3)Provides that a defendant who commits any felony and has
previously been convicted of two or more "strike" prior
convictions, must be sentence to at least 25-years-to-life in
state prison.
4)Requires consecutive rather than concurrent sentencing for
multiple offenses committed by strikers, unless the current
felony convictions arise out of the same set of operative
facts.
5)Requires affected defendant be committed to state prison, and
disallows diversion or probation.
6)Limits conduct credits for strikers to 20% of the term.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Major out-year General Fund (GF) savings from reduced
incarceration - likely in the tens of millions of dollars
depending on the number of sentences reduced. Through
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September, 148 third-strikers had been committed to state
prison in 2011. Annualizing this figure, assuming 30% have a
non-violent, non-serious third strike (based on the current
percentage of 8,813 third-strikers whose third strike was a
non �serious]/non �violent offense]), requiring a third strike
offense to be violent or serious could reduce the lifer
population by about 60 inmates per year, and about 1,000 in 20
years, resulting in annual savings in the range of $15 million
in 10 years, increasing annually to about $50 million in 20
years.
2)These savings would be offset to a minor degree, potentially
in the low millions of dollars, by increased local
post-supervision caseload costs.
3)Significant out-year GF savings, likely in the low millions of
dollars, from a decrease in the number of third-strikers
supervised by state parole, and in the number of state parole
hearings.
4)Significant out-year capital outlay savings to the extent
prison construction is avoided. An inmate population
reduction of 500 could result in construction cost avoidance
in the range of $150 million. Assuming 30-year debt, annual
savings could be in the range of $10 million.
5)Unknown, potentially significant state and local savings from
reduced court costs and local jail time, as defendants facing
third strike charges generally spend more time in local jails
pending dispositions that require more court time than
non-strike charges.
6)One-time GF costs of about $220,000 for ballot-related costs,
based on a cost of $55,000 per ballot page.
COMMENTS : According to the author, "At a time with high prison
overcrowding in this state, which has come at great cost to the
taxpayer, AB 327 is common sense policy for California. The
original intent of 'Three Strikes' was to protect the public
from violent offenders by extending the sentences of violent
offenders. Current policy however, has gone beyond this intent
by extending the sentences of all third time felony offenders,
not simply those for violent or serious felony offenders.
Ultimately, this has led to unfair sentencing as well as prison
overcrowding. The solution is simple; amend 'Three Strikes' so
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that the third strike must be a 'serious' or 'violent' felony.
This will help California direct its resources toward the real
threat to public safety."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003090