BILL ANALYSIS
SB 873
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Date of Hearing: July 6, 1999
Chief Counsel: Harry M. Dorfman
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
SB 873 (Vasconcellos) - As Amended: April 12, 1999
SUMMARY : Requires the Legislative Analyst to study aspects of
the "Three Strikes" law and report its findings to the
Legislature by July 1, 2000. Specifically, this bill :
1)Requires the Legislative Analyst to examine the costs and
benefits of the "Three Strikes" law and report to the
Legislature by July 1, 2000.
2)Requires the Judicial Council, the Attorney General, and the
University of California (upon approval by the Board of
Regents) to assist the Legislative Analyst.
3)Requires the report to include:
a) The extent to which reductions in serious crime can be
attributed to mandatory incarceration policies;
b) Compare any ascertainable benefits from crime prevention
by incapacitating various types of offenders with the costs
of such incarceration;
c) Assess the degree to which the "Three Strikes" law
exacerbates selective law enforcement problems, and the
cost of corrective measures; and,
d) Assess the manner in which "Three Strikes" law is
implemented in representative urban, rural and mixed
urban-rural counties.
EXISTING LAW :
1)Establishes a sentencing scheme which increases penalties for
a defendant who has previously been convicted of a "serious"
and/or "violent" felony as defined by the Penal Code and who
suffers a new felony conviction. (Penal Code Section 667.)
SB 873
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2)Provides that if a defendant has one qualifying prior
conviction, the penalty for the new offense shall be twice the
term otherwise designated as the applicable punishment.
(Penal Code Section 667(e)(1).)
3)Provides that if a defendant has two or more qualifying prior
convictions, the penalty for the new offense shall be an
indeterminate term of life in prison with the minimum term
calculated as the greater of:
a) Three times the term otherwise designated as punishment
for the new offense, or
b) 25 years in prison.
(Penal Code Section 667(e)(2)(A).)
4)A defendant sentenced pursuant to the "Three Strikes" law
shall not begin to receive credits against his or her sentence
until physically placed in state prison, and in no event shall
a defendant receive credits totaling more than 20% of the
total term of prison imposed. (Penal Code Section 667(c)(5).)
FISCAL EFFECT : Unknown
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."
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2)California's Current "Three Strikes" Prison Inmate Population.
According to statistical information provided by the
Department of Corrections on June 28, 1999, California's
prisons currently house 5,335 inmates who were sentenced
pursuant to "Three Strikes" provisions (5,335 is roughly 3.3%
of the total prison population of about 160,000). Robberies
and residential burglaries make up about 30% of the new crimes
which triggered application of "Three Strikes" sentencing
enhancements (1,582 inmates). Non-residential burglaries
(commercial structures and automobiles) comprise 6% of the
triggering offenses (364 inmates). Homicides make up roughly
3.7% of the triggering offenses (195 inmates). Sex offenses
represent almost 7% of the triggering crimes (363 inmates).
Drug-related offenses make up slightly more than 19% of the
new crimes triggering "Three Strikes" penalties (1,027
inmates). Assault and/or weapon possession constitutes
roughly 16% of the new triggering crimes.
Nearly 40% of those sentenced pursuant to "Three Strikes"
committed new offenses against people (distinguished from
property, drug, or other crimes not involving assaultive
conduct).
The information provided does not indicate how many inmates have
been sentenced to an indeterminate term of 25 years to life in
prison because they have two or more qualifying priors, and
how many inmates have been sentenced to a determinate term
because they have only one qualifying prior (or the sentencing
judge struck all but one qualifying prior for sentencing
purposes under the authority of People v. Superior Court
(Romero) , (1996) 13 Cal. 4th 497, 529, 530).
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Defenders Association
Opposition
Doris Tate Crime Victims Bureau
Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744