A survey of 98 people doing time in San Quentin State Prison shows enhancements have significantly affected their sentences.
For Kevin Schrubb, three-strikes, gun enhancements, and prior felony convictions resulted in a sentence of more than 300 years.
In 2003, Schrubb received 132 years for bank robbery, 29 years for assault with a deadly weapon and 25 years for felony evasion. Under the gun enhancement law, he received 44 years and another 78 years for prior felony convictions.
“…the number of privately held firearms in America has nearly doubled in the last two decades, while the number of gun murders per capita was cut in half.”
Reason Magazine December 2017 REASON.COM
The survey shows Schrubb was sentenced around a peak time for long punishments. These types of sentences peaked to an average of around 38 years in the mid-2000s. The long enhancement-based sentences began to decrease to about 12 1/2 years after 2008.
Of the men surveyed, their enhanced sentences breakdown as follows:
- 54 gun
- 28 three-strikes
- 23 prior felony convictions
- 10 gang
- 3 kidnapping for robbery
- 30 men have multiple enhancements
Four men received sentences of more than 100 years; three, including Schrubb, more than 200 years; 34 have sentences of more than 40 years. All three men with sentences of more than 200 years have been convicted for robbery.
“Tennessee is 17.1 percent Black, but Blacks make up 69 percent of all drug-free school zone offenders…” REASON Magazine, January 2018
Ten participants committed their crimes while under age 23, which qualifies them for relief under a new law that allows them to see a parole board after completing 15 or 25 years, depending on their crime. The law went into effect earlier this year.
Participants for this survey were found at various locations inside the prison. Either they were asked if they would like to take the survey or it was passed out inside cells.
The places include the fifth tier on North Block, the self-help group Financial Literacy, the prison’s Lower Yard, and in West Block, 25 survey sheets were passed out.
The questions were:
We want to know if you have any enhancements, or not. If so, we want a breakdown of your sentence.
- How much time do you
have? - Do you have any sentencing
enhancements? (gun,
kidnapping, gang, prison
priors, three strikes,
whatever) - What year did your crime
happen? - Are you eligible for Senate
Bill 260 or 261?
(Circle: Yes or No) - How much of your time is
for the crime, and how
much time did you
receive for enhancements? (Break down your whole sentence by penal code and list the time received for each conviction and enhancement separately).