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Bill Passes Senate Allowing Judges to Strike Sente...

Bill Passes Senate Allowing Judges to Strike Sentence Enhancement for Prior Convictions

The California Senate recently passed Senate Bill 1393, the Fair and Just Sentencing Reform Act,  which reinstates judicial discretion to the application of the five-year sentence enhancement for each prior serious felony on a person’s record at the time when a person is currently charged with a serious felony.

The bill, which passed with a vote of 23 to 14, is part of the Equity and Justice Package of 2018 authored by Senators Holly Mitchell and Ricardo Lara that seeks justice reforms for juveniles and adults.

“Mass incarceration is a massive moral failure and policy failure. It’s a moral failure because we now know that it is injurious to families and to the economies of low-income

communities, and that its violence has been directed overwhelmingly at Black men and Black women, Latinos and Latinas,” Mitchell said.

“As a matter of public policy, paying for long prison sentences is the worst use of public safety dollars. We must stop wasting taxpayer dollars on a failed policy.”

California has some of the most severe sentence enhancements for prior convictions in the nation. According to the Public Policy Institute of California, “California has more than 100 separate code sections that enhance sentences” based on a person’s current offense and/or record of prior convictions.

As of 2016, 79 percent of people under California Department of Corrections and Rehabilitation custody had some kind of sentence enhancement attached to their base sentence; 25 percent had three or more enhancements stacked on.
Communities of color have been the most severely impacted by the application of these punitive policies. According to data from CDCR, there are close to 100,000 years’ worth of the 5-year enhancement applied to people currently under CDCR custody.

The Fair and Just Sentencing Reform bill would help restore balance in the judicial process, address extreme sentences, and reduce racial disparities in the criminal justice system by allowing judges to decide what is best in the interest of justice.

“The financial and emotional stress of having a loved one in prison is extremely difficult, and sentence enhancements only add to the strain,” said Zakiya Prince, a member of the Ella Baker Center. “My husband committed an offense in which no one was hurt or even threatened, but because of mandatory enhancements my family must cope with 10 additional years of financial, emotional and mental hardships.

The passage of this bill builds on the national bipartisan momentum to enact criminal justice reforms that divest from ineffective mass incarceration policies and invest in community-based solutions like mental-health care, education, and substance-use treatment.

This bill also builds on the efforts of the California Legislature, which last year passed SB 180, The RISE Act, or Repeal of Ineffective Sentencing Enhancement Act), authored by Mitchell, which repealed the three-year sentence enhancement for prior drug convictions; and SB 620 authored by Senator Bradford, allowing judges to strike unwarranted gun sentence enhancements.  These efforts are in line with California voters who have also shown their support for such reforms in recent years by voting for Propositions 47, 64 and 57.

Holly Mitchell

Ricardo Lara

Co-sponsors of the RISE Act include ACLU of California, Californians United for a Responsible Budget, Coalition for Humane Immigrant Rights, Drug Policy Alliance, Ella Baker Center for Human Rights, Friends Committee on Legislation California, and Legal Services for Prisoners with Children.

 


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  1. Angelina Herrera

    29 May

    I am so happy someone is fighting for the incarceration of men and women who have been given enhancements top of their time which is so sad for families and children who miss and love their love ones but due to incarceration so many have mental illness and different issues needing help when they come out of prison I wish there were more programs out here to help them to see kelp more mental health programs and I want to thank all of you who are fighting for the rights of our loved ones thank you from the bottom of my heart

  2. Angelina Herrera

    29 May

    I am so happy someone is fighting for the incarceration of men and women who have been given enhancements on top of their time which is so sad for families and children who miss and love their love ones but due to incarceration so many have mental illness and different issues needing help when they come out of prison I wish there were more programs out here to help them to see more mental health programs and I want to thank all of you who are fighting for the rights of our loved ones thank you from the bottom of my heart

  3. Jane

    21 July

    Disgusting california. I saw a case where a 55 year old professional man receieved a 5 year enhancement due to a charge when he was 19 years old…the only other charge ever on his record. Apparently this took place out of state, under diff laws, and the case was sealed and thrown out due to corruption….detriot police picked him up to fight in their gladiator wars….yet because it shows up and california converted it to their laws they are making it ll nder a 5 year enhancement.

    To make matters worse the charge here should have been completely dropped but was not. Thanks to o.c. corrupt district attorneys. Way to dump a harvard grad into prison after he contributed some of the most important software programs in health and television, economic policies, and helped so many homeless runaway youths. The problem are these bills and corrupt officials. Some of the most high contributors are being thrown under he bus and stolen from thanks to these lockem up and throw away the key scandals.
    Disgusting

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