BILL ANALYSIS
SB 873
Page 1
SENATE THIRD READING
SB 873 (Vasconcellos)
As Amended August 18, 1999
Majority vote
SENATE VOTE :23-12
PUBLIC SAFETY 5-2 APPROPRIATIONS 17-1
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|Ayes:|Honda, Aroner, Keeley, |Ayes:|Migden, Brewer, Ackerman, |
| |Romero, Washington | |Campbell, Cedillo, Davis, |
| | | |Hertzberg, Kuehl, |
| | | |Maldonado, Aroner, |
| | | |Romero, Runner, Shelley, |
| | | |Thomson, Wright, Zettel, |
| | | |Longville |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller |Nays:|Ashburn |
| | | | |
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SUMMARY : Requires the Legislative Analyst to study aspects of
the "Three Strikes" law and report its findings to the
Legislature by December 31, 2000. Specifically, this bill
requires the:
1)Legislative Analyst to examine the costs and benefits of the
"Three Strikes" law and report to the Legislature by December
31, 2000.
2)Judicial Council, the Attorney General, and the University of
California (upon approval by the Board of Regents) to assist
the Legislative Analyst.
3)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
SB 873
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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.
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.
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.
4)States 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor costs to the Legislative Analyst's
Office and the assisting entitles and specifies the costs of the
study shall be absorbed within the existing resources of the
participants.
COMMENTS : 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
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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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744
FN: 0002265