Attorney General No.

SA96RF0012

Secretary of State No.

732

Description

SENTENCING. REPEAT AND MULTIPLE OFFENDERS. INITIATIVE STATUTE. Amends "Three Strikes" statutes to prohibit judges from striking prior convictions when prior was a violent felony, current offense is a serious or violent felony, or current offense was committed within ten years of conviction or release from custody for serious felony, whichever is later. Allows prosecutors discretion in filing prior convictions, but requires filing of reasons; plea bargaining, high caseload or disagreement with statute not authorized reasons. Amends statute to allow multiple punishment for multiple acts with same objective or committed in continuous transaction. Requires sentence for offense with longest prison term. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would likely result in an increase in the state's cost of operating prisons of at least $35 million annually within five years and $140 million annually within 25 years of enactment. The state also would likely incur major one-time capital outlay costs for construction of additional prison space of at least $85 million within five years and probably will exceed $335 million within 25 years of enactment. Major costs to the criminal justice system are likely, probably amounting to at least several million dollars annually. However, various provisions of this measure could result in offsetting savings to the state prison and criminal justice systems by deterring offenders from committing additional crimes and by further incapacitating criminals who would otherwise have committed additional crimes.

Proponents

Mike Reynolds C/O Thomas W. Hiltachk Bell, Mcandrews And Hiltachk, 455 Capitol Mall, Ste. 801, Sacramento, Ca 95814 (916) 442-7757

Date

9-25-1996

Document Type

Initiative

Qualified

Failed to Qualify

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