BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1117|
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THIRD READING
Bill No: SB 1117
Author: Vasconcellos (D)
Amended: 5/18/99
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 5/11/99
AYES: Vasconcellos, Burton, Johnston, Polanco
NOES: Rainey
NOT VOTING: McPherson
SUBJECT : Corrections, rehabilitation and public safety
SOURCE : Author
DIGEST : This bill changes the legislative intent of
imprisonment from "punishment" to the prevention and
punishment of crime and the rehabilitation of inmates, as
specified.
ANALYSIS : Under existing law, the Legislature finds and
declares that the purpose of imprisonment for crime is
punishment and declares the importance of uniformity in
sentencing.
This bill would change the existing statute by providing
that the Legislature finds and declares that the purposes
of imprisonment for crime are the prevention and
punishment of crime, and the rehabilitation of inmates.
These purposes are best accomplished by an effective,
comprehensive program that promotes the public safety of
all Californians. This is especially true because most
CONTINUED
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Californians who are convicted felons will eventually
finish serving their terms of incarceration and will be
released into California communities. It is critical to
improving public safety that during their time in state
prison, inmates be provided with services that enable them
to lead constructive, law-abiding lives upon release from
prison. In addition, the Legislature finds and declares
that the purposes of imprisonment are best served by
imposing terms that are proportionate to the seriousness of
the offense with provision for uniformity in the sentences
of offenders committing the same offense under similar
circumstances.
The bill specifies that the above shall be construed to
include programs, such as educational programs, vocational
and drug treatment programs, that are designed to
rehabilitate nonviolent, first-time felony offenders,
reduce the rate of recidivism, and promote the public
safety. The Legislature encourages the development of
policies and programs designed to educate and rehabilitate
nonviolent, first-time felony offenders consistent with the
purpose of imprisonment and the intent to reduce the rate
of recidivism and promote the public safety.
Purpose of Incarceration in California State Prisons
California adopted an indeterminate sentence law in 1917.
It divested the trial judge of power to fix the term of
imprisonment for offenses punishable by imprisonment in a
state prison, and gave this power to the Adult Authority.
The purposes of the change in the law, and its
constitutionality, were fully considered in the early
leading case of In re Lee (1918) 177 C. 690, 792, 171 p.
958: "It is generally recognized by the courts and by
modern penologists that the purpose of the indeterminate
sentence law, like other modern laws in relation to the
administration of the criminal law, is to mitigate the
punishment which would otherwise be imposed upon the
offender. These laws place emphasis upon the reformation
of the offender. They seek to make the punishment fit the
criminal rather than the crime. They endeavor to put
before the prisoner great incentive to well-doing in order
that his will to do well should be strengthened and
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confirmed by the habit of well-doing. Instead of trying to
break the will of the offender and make him submissive, the
purpose is to strengthen his will to do right and lessen
his temptation to do wrong."
The Indeterminate Sentence Law was repealed and replaced by
the Determinate Sentencing Law, which became operative on
July 1, 1977 (SB 42 [Nejedly], Chapter 1139, Statutes of
1976). Since that time, Penal Code section 1170 has stated
that "the Legislature finds and declares 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."
Effective January 1, 1996, the following addition to
section 1170 took effect: Section 1170 "shall not be
construed to preclude programs, including educational
programs, that are designed to rehabilitate nonviolent,
first-time felony offenders. The Legislature encourages
the development of policies and programs designed to
educate and rehabilitate nonviolent, first-time felony
offenders consistent with the purpose of imprisonment."
Some inmates are incarcerated for periods which do not fit
in the determinate sentencing scheme - life with the
possibility of parole, for example, is an indeterminate
sentence.
Little Hoover Commission Report (January 1994)
At the request of Senator Robert Presley, the Little Hoover
Commission embarked on a study of the adult criminal
justice system in May 1993 entitled, "Putting Violence
Behind Bars: Redefining the Role of California's Prisons."
According to the report:
If crime stems from poverty, ignorance, drugs and
neglectful or abusive upbringing, then should not society
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treat criminals as afflicted persons who need to be
treated and cured? If many rise above similar dismal
backgrounds without resorting to a life of crime, then
should criminals be viewed as soulless deviants who must
be segregated from society permanently? The argument
between the factions formed around these very different
perspectives seems inexhaustible - and does little to
advance practical solutions for how California should
cope with crime.
The tough-on-crime wave of the '80s and '90s made
"rehabilitation" a disfavored concept. The reasoning was
blunt: Why should criminals be rewarded with free
training and education? And since change can rarely be
imposed from the outside, failure seemed to be the result
more often than success. But the reality is that the
present system puts almost 90 percent of prisoners back
on the street at some point. Without some effort to make
them literate, instill a work ethic or provide them
mental stability, they all too often return to crime and
simply prey upon the public yet again.
When it passed the Legislature, the Determinate
Sentencing Act also explicitly abandoned the
long-standing purpose of prison as rehabilitation and
instead established punishment as the stated goal.
"There was no evidence that the state of the sciences
enabled anyone to diagnose a criminal's crime-causing
problem, treat it, cure it or predict non-repetition,"
said the act's drafters in a subsequent law review
article.
Prior legislation
AB 716 (Lee), Chapter 49, Statutes of 1995, clarified that
the imposition of a uniform penalty that includes a prison
sentence does not preclude programs that are designed to
rehabilitate nonviolent, first-time felony offenders.
It provided that the Legislature encourage the development
of policies and programs designed to educate and
rehabilitate nonviolent, first-time felony offenders
consistent with the stated purpose of imprisonment.
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It passed the Senate 23-13, as follows:
AYES: Alquist, Ayala, Boatwright, Calderon, Campbell,
Costa, Dills, Greene, Hayden, Hughes, Johnston, Kopp,
Lockyer, Marks, Mello, O'Connell, Petris, Polanco,
Rosenthal, Russell, Solis, Thompson, Watson
NOES: Haynes, Hurtt, Johannessen, Johnson, Kelley,
Leonard, Leslie, Lewis, Maddy, Monteith, Mountjoy, Peace,
Rogers
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ARGUMENTS IN SUPPORT : According to the author, the
public safety of all Californians is best served by a state
prison system that seeks to rehabilitate offenders who will
eventually be released back into our midst. By encouraging
educational, vocational and drug treatment programs that
are designed to rehabilitate nonviolent, first-time felony
offenders, the rate of recidivism will be reduced and
create a safer California for all its citizens. It is in
the best interest of all Californians that the state
correctional system make every attempt to, the maximum
extent feasible and valuable, reduce the rate of
recidivism. The prison system in this state has exceeded
its maximum capacity, and immediate action towards reducing
the inmate population is necessary. This bill recognizes
the role that prevention and rehabilitation must play in
reducing the overall amount of crime in society.
RJG:sl 5/19/99 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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