California
Legislators
Consider
"Three
Strikes"
Modification
4/16/99
Marc Brandl, [email protected]Five years ago, California voters passed an initiative mandating that people convicted of three felonies be incarcerated for 25 years to life. Other states soon followed suit, and "Three Strikes You're Out" laws have made headlines ever since with stories of people getting locked up for years for petty larceny and other minor felonies. Advocates of the law point to a dramatic decline in crimes as proof of its success. But recently, some studies have concluded that the law doesn't lower violent crime but merely incarcerates large numbers of non-violent drug offenders and petty criminals at great cost to the taxpayers. This is one reason why California state Senator Tom Hayden (D-Los Angeles) is sponsoring S.B. 79, a bill that would require the "third strike" to be a violent offense. "Three Strikes was passed with the promise of ridding communities of violent criminals," said Rocky Rushing, Hayden's Chief of Staff. "But it has cast a much wider net, entrapping addicts and petty thieves at $25,000 per year per prisoner, when often drug rehabilitation or a shorter sentence would suffice." Hayden's bill was recently approved by the Senate's Public Safety Committee. But because the Three Strikes law was passed by a referendum, it will take a two-thirds majority in both chambers of the legislature in order to modify it -- a tough task, even in a heavily Democratic legislature. "There are a lot of Democrats who support Three Strikes who would oppose any scaling back at this point," said Rand Martin, Chief of Staff for Marin County Senator John Vasconcellos, who supports the bill. "It's still a hot potato." Vasconcellos, also known for his support of medical marijuana, is proposing a state-sponsored study of the effects of Three Strikes. "Other studies have not been comprehensive enough to convince the California legislature or public to make substantive changes to three strikes," said Martin. "The more we can cast a light on how many pizza thieves are being sent to prison for twenty-five years to life, the more dismay there will be in the public eye. We're building a better atmosphere for change." If Hayden's bill passes the legislature, it may be vetoed by newly elected Democratic Governor Gray Davis. During his campaign, Davis indicated he would be uneasy about changing the law. His campaign also received endorsements and contributions from the California Correctional Peace Officers Association, a group that strongly supports Three Strikes and has a powerful presence in the state capital. Geri Silva, a spokeswoman for Families for Amending California's Three Strikes (FACTS) said strong bi-partisan support will be the key. If the bill makes it as far as Davis' desk, she said, "it would be odd for him to veto it." For more information about Three Strikes, check out the FACTS web site at http://www.facts1.com.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
