S.B. 649 Would Help
End California’s Overincarceration Crisis by Reducing Needless and Costly
Incarceration for Low Level Drug Possession and Freeing Up Money for Programs
Proven to Reduce Recidivism
FOR IMMEDIATE RELEASE
May 2, 2013
CONTACT:
SACRAMENTO – The California state Senate
today approved a bill that would reform California’s drug sentencing laws for
simple possession, significantly reduce incarceration costs for counties and
help the state end its ongoing incarceration crisis.
S.B. 649, the Local Control in Sentencing
Act, authored by Sen. Mark Leno (D-San Francisco), was approved by the Senate
in a 23-14 vote, and moves now to the state Assembly for consideration.
“We
commend the Senate for approving this bill at a time when lasting, sustainable and
common sense solutions to California’s ongoing incarceration crisis are so
needed,” said Margaret Dooley-Sammuli, senior criminal justice and drug policy
advocate for the ACLU of California. “This bill will help counties break the
state’s addiction to incarceration by enabling them to invest their limited
resources in the community-based treatment, rehabilitation and education
programs proven to reduce recidivism, prevent crime and increase public
safety.”
The bill, sponsored by the American Civil
Liberties Union of California, the Drug Policy Alliance and others, gives
prosecutors the flexibility to charge low-level drug possession for personal
use as a misdemeanor instead of a felony. The bill also gives judges discretion
to deem a low-level drug possession offense to be either a misdemeanor or
felony after consideration of the offense and the defendant’s record. S.B. 649,
which does not apply to anyone involved in selling, manufacturing or possessing
drugs for sale, will give counties the flexibility to safely alleviate
overcrowding in county jails, ease pressure on California’s court system and
result in more than $100 million in annual savings for the state and local
governments.
“One
of the best ways to promote lower crime rates is to provide low-level offenders
with the rehabilitation they need to successfully reenter their communities,”
said Leno. “However, our current laws do just the opposite. We give non-violent
drug offenders long terms, offer them no treatment while they’re incarcerated
and then release them back into the community with few job prospects or
opportunities to receive an education. SB 649 gives local governments the
flexibility to choose reduced penalties so that they can reinvest in proven
alternatives that benefit minor offenders and reserve limited jail space for
serious criminals.”
S.B. 649 will allow counties to reduce jail
spending and dedicate resources to probation, drug treatment and mental health
services that have proven most effective in reducing crime. It will also help
law enforcement rededicate resources to more serious offenders. The Legislative
Analyst’s Office estimates reducing penalties for drug possession could save
the state and counties about $159 million annually.
Across the country, 13 states, the District
of Columbia and the federal government treat drug possession as a misdemeanor.
Drug crime is not higher in those states. A statewide poll of Californians
conducted by Tulchin Research late last year showed that an overwhelming
majority of Californians support this type of drug sentencing reform, with 75
percent of state voters favoring investment in prevention and alternatives to
jail for non-violent offenders. In addition, 62 percent of Californians agree
that the penalty for possessing a small amount of illegal drugs for personal
use should be reduced to a misdemeanor.
Along with the ACLU and Drug Policy
Alliance, the bill is sponsored by the California NAACP, the California Public
Defenders Association, the William C. Velasquez Institute, Californians for
Safety and Justice and the Friends Committee on Legislation.
