Proposition 36 : 3 Strikes Law

Official title : Three Strikes Law. Repeat Felony Offenders. Penalties. Initiative Statute.

State analysis       /    Money trail

Summary :

1. Revises three strikes law to impose life sentence only when new felony conviction is serious or violent, and certain sex, drug and gun felonies.
2. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and  offender does not pose unreasonable risk to public safety. Currently 25 yrs to life, change would be to double the normal term, with some exceptions for certain sex, drug and gun prior felonies.
3. Maintains life sentence penalty for felons with nonserious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

Notes:

1. Current 3 strikes law says that if a person who is convicted of a felony, and who previously has been convicted of one or more violent or serious felonies
   1. if they had 1 previous serious felony and new crime is a violent felony, the term is doubled.
   2. if they
   3. if they had 2 previous serious felonies and they commit a new crime (felony or not), the term is life, parole a possibility after 25 years.
   4. As of March 2012, about 33,000 inmates were second strikers and 9,000 were third strikers.
   5. Savings expected to be $70M annually.