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7.
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| LEGISLATION COMMITTEE |
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| Information |
| Referral History: |
Supervisor Gioia referred to the Legislation Committee a request for support for SB 1392, Repeal Ineffective Sentencing Enhancement 2018 (RISE) Act and SB 1393, Fair and Just Sentencing Reform Act of 2018, from the organization Californians United for a Responsible Budget on behalf of co-sponsoring organizations American Civil Liberties Union of California, Californians United for a Responsible Budget, the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), Drug Policy Alliance, Ella Baker Center for Human Rights, the Friends Committee on Legislation California, Pillars of the Community, Tides Advocacy, and the Women's Foundation of California, Women's Policy Institute.
These bills have not been vetted as yet by the Contra Costa County justice system partners. SB 1392 is opposed by: Association for Los Angeles Deputy Sheriffs; California Code Enforcement Officers; California College and University Police Chiefs Association; California Correctional Supervisors Organization; California District Attorneys Association;California Narcotic Officers Association; California State Sheriffs’ Association; Los Angeles Police Protective League; Los Angeles Professional Peace Officers Association; Peace Officers Research Association of California. CSAC has a "Watch" position on the bill.
SB 1392 is opposed by Association for Los Angeles Deputy Sheriffs; California District Attorneys Association; California State Sheriffs’ Association; Los Angeles Police Protective League; Peace Officers Research Association of California. CSAC has a "Watch" position on the bill.
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| Referral Update: |
SB 1392: Separate Prison Terms
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Author: |
Holly J. Mitchell (D-030) |
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Coauthor |
Beall (D) , Bradford (D) , Quirk (D) , Weber (D) , Carrillo (D) , Lara (D) , Kalra (D) |
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Title: |
Separate Prison Terms |
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Fiscal Committee: |
yes |
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Urgency Clause: |
no |
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Introduced: |
02/16/2018 |
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Disposition: |
Pending |
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Location: |
Senate Appropriations Committee |
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Summary: |
Deletes provision that requires an additional one-year term for each prior separate prison term or county jail felony term under the law, except under specified circumstances. |
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Status: |
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04/03/2018 |
From SENATE Committee on PUBLIC SAFETY: Do pass to Committee on APPROPRIATIONS. (5-1) |
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The text of the bill can be found here: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1392
The bill analysis is included in Attachment A, along with a Fact Sheet from the bill authors, and a draft support letter.
SB 1393 (Mitchell)
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Author: |
Holly J. Mitchell (D-030) |
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Coauthor |
Beall (D) , Bradford (D) , Quirk (D) , Weber (D) , Kalra (D) , Carrillo (D) , Lara (D) |
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Title: |
Sentencing |
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Fiscal Committee: |
yes |
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Urgency Clause: |
no |
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Introduced: |
02/16/2018 |
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Disposition: |
Pending |
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Location: |
Senate Appropriations Committee |
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Summary: |
Deletes a restriction prohibiting a judge from striking a prior serious felony conviction in connection with imposition of the 5-year enhancement for each prior conviction of a serious felony. |
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Status: |
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04/03/2018 |
From SENATE Committee on PUBLIC SAFETY: Do pass to Committee on APPROPRIATIONS. (5-1) |
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The text of SB 1393 can be found here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1393
The purpose of this bill is to allow a court, in the interest of justice, to strike or dismiss a prior serious felony conviction which otherwise adds an enhancement of 5 years for each prior conviction of a serious felony.
The fact sheet for the bill, the bill analysis, and a sample support letter are included in Attachment B.
According to the author:
Nearly every sentence enhancement in California can be dismissed at the time of sentencing if the judge finds that doing so would serve the interest of justice. However, under existing law people with current and prior serious felony convictions receive a mandatory five-year enhancement. As a result, judges lack the discretion to tailor these sentences based on the facts of the case, the defendant’s history and culpability or other potential mitigating factors. This has resulted in mandatory additional terms for thousands of individuals incarcerated throughout California’s prisons. This rigid and arbitrary system has meted out punishments that are disproportionate to the offense, which does not serve the interests of justice, public safety, or communities.
SB1393 amends Penal Code Sections 667 and 1385 by restoring the court’s discretion, in the interest of justice, to strike a five-year sentence enhancement for each prior serious felony conviction on a person’s record, when a person is currently convicted of a serious felony. Allowing judicial discretion is consistent with other sentence enhancement laws and retains existing penalties for serious crimes |
| Recommendation(s)/Next Step(s): |
| CONSIDER recommending to the Board of Supervisors a position of "Support" on SB 1392 and SB 1393 and directing staff to place the bills on the Board's Consent calendar for April 24, 2018. |
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