Jesse Arreguín Councilmember, District 4 CONSENT CALENDAR June 26, 2012

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1 Jesse Arreguín Councilmember, District 4 CONSENT CALENDAR June 26, 2012 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Jesse Arreguin Supporting the Three Strikes Reform Act Initiative RECOMMENDATION: Adopt a Resolution supporting the Three Strikes Reform Act of 2012 Initiative, which would revise the Three Strikes law to requiring life sentences only when a defendant s current conviction is for a violent or serious crime, except for the most dangerous criminals. BACKGROUND: On April 26, 2012, a large bi-partisan coalition of law enforcement leaders, civil rights organizations and tax payer advocates submitted more than 830,000 signatures to qualify the Three Strikes Reform Act as an initiative for the November ballot. This effort has been led by the Stanford Three Strikes Project and the NAACP Legal Defense and Educational Fund, Inc (LDF). The initiative is endorsed by Lieutenant Governor Gavin Newsom, District Attorney George Gascon of San Francisco, District Attorney Steve Cooley of Los Angeles, San Francisco Sheriff Mike Hennessey (Ret.), Grover Norquist and others. In short, the Three Strikes Reform initiative will do three things: 1. Restore voter's original intent to keep dangerous criminals behind bars. 2. Make sure that the punishment given fits the crime. 3. Save California $100 million dollars per year. In detail, the Three Strikes Reform initiative will: (1) Require that murderers, rapists, and child molesters serve their full life sentences, even if they are convicted of a new minor third strike crime. (2) Restore the Three Strikes law to the public s original understanding by requiring life sentences only when a defendant s current conviction is for a violent or serious crime Milvia Street, 5 th Floor, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) jarreguin@cityofberkeley.info

2 (3) Maintain that repeat offenders convicted of non-violent, non-serious crimes like simple drug possession will receive twice the normal sentence instead of life. (4) Save hundreds of millions of taxpayer dollars every year for at least ten years. The state will no longer pay for housing or long-term health care for elderly, low-risk, non-violent inmates serving life sentences for minor crimes. (5) Prevent the early release of dangerous criminals who are currently being released early because jails and prisons are overcrowded with low-risk, nonviolent inmates serving life sentences for petty crimes. FINANCIAL IMPLICATIONS: None. CONTACT PERSONS: Councilmember Jesse Arreguin, District ATTACHMENTS: 1. Resolution 2. Title and Summary 3. Full Text of Initiative

3 RESOLUTION NO. ##,###-N.S. IN SUPPORT OF THE THREE STRIKES REFORM ACT OF 2012 INITIATIVE WHEREAS, today, more than half of inmates sentenced under the Three Strikes Law are serving sentences for nonviolent crime -some having been sentenced to life for shoplifting a pair of socks or stealing bread; and WHEREAS, the Reform Act will close a loophole in the Three Strikes law so that it reflects voters' original intent to put violent and dangerous criminals behind bars for life; and WHEREAS, the U.S. Supreme Court has ordered California's overflowing prisons to release tens of thousands of inmates. Under the Reform Act, prisoners currently serving life sentences for non-serious, non-violent third strikes could have their life sentences reduced and help ensure that there is room in our prisons for truly dangerous criminals; and WHEREAS, the Legislative Analyst s report estimates that the reform could save more than $100 million per year: State savings related to prison and parole operations that potentially range in the high tens of millions of dollars annually in the short run, possibly exceeding $100 million annually in the long run; and WHEREAS, the California State Auditor projects the state will pay at least $4.8 billion to house and pay health care costs for the current contingent of non-violent three strikes inmates; and WHEREAS, the state found that non-violent three strikes inmates are the least likely to commit new crimes if released and that they are also the biggest financial strain on the prison because of their age and increasing health care costs; and WHEREAS, in the Three Strikes Reform Act, repeat offenders convicted of nonviolent, non-serious crimes like simple drug possession will receive twice the normal sentence instead of life. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports the Three Strikes Reform Act of 2012 Initiative, which will ensure that dangerous criminals receive life sentences and non-violent offenders will no longer be a drain on California s resources.

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