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LIMITATIONS ON “THREE STRIKES” LAW.
SEX CRIMES. PUNISHMENT.
Initiative Statute

THE QUESTION

Should California’s “Three Strikes” law be amended to require increased sentences for repeat offenders only when the new conviction is for a violent or serious felony, and should punishment be increased for specific sex crimes against children?

THE SITUATION

Existing law classifies some felonies, as “violent” or “serious.” The “Three Strikes and You’re Out” law mandates that if a person has two or more previous serious or violent felony convictions, the sentence for any additional felony conviction (not just serious or violent) is 25 years to life. Regarding sex offenses against children, current law requires a prison sentence of 3, 6, or 8 years.

THE PROPOSAL

Proposition 66 requires that a repeat offender be subject to a longer sentence only if the new crime is a violent and serious felony instead of any felony. Certain felony offenses currently designated as serious or violent would no longer be so classified. The state would be required to resentence offenders currently serving 25 years to life if their third strike resulted from a conviction for a nonviolent and nonserious offense.

A first conviction for specified child sex offenses would require a sentence of 6, 8, or 12 years. If the victim were under 10 years old, the district attorney could seek a 25 years to life sentence. A second conviction would mandate a sentence of 25 years to life. The state would be required to provide counseling for offenders while in prison and for one year following release.

FISCAL EFFECT

The state could ultimately save several hundreds of millions of dollars annually due to a reduced prison population. Local and state governments would incur increased annual costs of tens of millions of dollars for courts and county jails.

WHAT A YES OR NO VOTE MEANS

A YES vote means that an individual with two previous violent or serious felony convictions who is convicted for a third offense will be sentenced to 25 years to life only if the third conviction is for a violent or serious crime. A person convicted of specified sex crimes against children will receive a longer prison sentence for a .rst conviction or 25 years to life for a second.

A NO vote means that the Three Strikes Law will not be changed and prison sentences for persons convicted of speci.ed sex crimes against children will not be increased.

SUPPORTERS SAY

• This measure would preserve the original intent of the Three Strikes law keeping violent, dangerous criminals in prison.
• Proposition 66 would make California’s Three Strikes law conform to those working well in 26 other states.
• Taxpayers would ultimately save as much as $700 million a year in prison operating costs and more than $1 billion for new prison construction.
• Proposition 66 would help protect our children by creating harsher penalties for child molesters and removing repeat offenders from society for life.

OPPONENTS SAY

• Proposition 66 would allow the release of dangerous repeat offenders and weaken the definition of violent or serious crime.
• Judges already have the power to reduce sentences for nonviolent crimes if appropriate.
• Proposition 66 will cost the state millions to return thousands of state prison inmates to county jails for resentencing, and could cost billions to deal with added crime and violence after dangerous criminals are released.
• Proposition 66 could put some child molesters, now imprisoned for life, back on the street if their “third strike” conviction was not for a violent or serious felony.

For more information:

Supporters: Citizens Against Violent Crime, (714) 547-9842, www.amend3strikes.org

Opponents: Californians United for Public Safety, (916) 447-8186, www.keep3strikes.org

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