On Nov 6, California voters will decide if its 18-year old Three Strikes law would be modified to give some non-violent third strikers the chance to go before a judge and ask to be resentenced.
If the judge finds that the applicant is no longer a danger to public safety, the applicant’s sentence could be modified, and because of time already served be freed.
If Proposition 36 passes, it would apply to an estimated 3,000 of the 8,873 prisoners serving 25-years-to-life terms as of June 30.
“Prop 36 is a common sense reform. Life sentences for nonviolent crimes are unfair, unintended by voters, and don’t make any of us any safer,” said Mike Romano, Director of the Stanford Law School’s Three Strikes Legal Clinic. “That’s why Prop 36 is supported by everyone from conservative prosecutors to the NAACP Legal Defense Fund.”
The ballot measure received large contributions from billionaire financier George Soros, who has contributed millions over the years to change drug laws and other statutes he believes are too harsh.
“Prop. 36 is a positive step towards a rational approach to the public safety,” said Geri Silva, President of Families to Amend California’s Three Strikes. “Detractors point out that there is a direct correlation between the Three Strikes Law and the drop in crime,” she added. “Not only is this not borne out by a correct reading of the facts, after the passage of Prop. 36, we will actually see a greater decrease in crime as money now used to lock up and lock down petty offenders will be used to educate and provide opportunity to people in our communities.”
Opponents of the measure include the California Police Chiefs Association; its president, Sacramento Police Chief Rick Braziel, signed the ballot rebuttal argument against Proposition 36, arguing that thousands of criminals would be released from prison.
Top victims rights organizations, such as Crime Victims United of California, are also opposed to the measure.
According to the CA Secretary of State, the Three Strikes Reform campaign has received $2.3 million since January, including more than $500,000 since July 1. It has spent $1.8 million. The Save Three Strikes campaign, which is opposed to Proposition 36, has received around $100,000 total, and has spent $16,000.
Mike Reynolds, the Fresno photographer whose daughter was murdered by a repeat offender, is the author of the 1994 three-strike law. “One hundred percent of them would have at least two prior serious or violent convictions”, Reynolds said. “Make no mistake we’re talking about the bad boys. These are guys who are responsible for the worst of our crimes, the most active by definition. And you want to put them back on the street and not expect them to come back with new convictions?”
According to a recent poll by the LA Times and the University of Southern California, two-thirds of likely voters would vote yes on Proposition 36; one-fifth would vote no.
