Prop 47 Information Clinic In the Inland Empire!

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Saturday, June 13, 2015

10:00 am - 2:00 pm

Lifeway Church

7477 Vineyard Avenue

Rancho Cucamonga, CA 91730

Legislature sending Jerry Brown bill making drug possession a 'wobbler'

The California Legislature is sending Gov. Jerry Browna bill to change drug sentencing laws in the state.

Under Senate Bill 649, local prosecutors would have discretion to decide whether a person charged with possessing a small amount of illegal drugs should be charged with a felony or a misdemeanor.

"It gives district attorneys more authority than they have today," said Sen. Mark Leno, a San Francisco Democrat who wrote the bill.

The Senate passed the bill today on a concurrence vote of 23-13. It now heads to the governor for consideration.

PHOTO: Sen. Mark Leno in 2011. The Sacramento Bee/Hector Amezcua.

Read more here: http://blogs.sacbee.com/capitolalertlatest/2013/09/legislature-sending-jerry-brown-bill-making-drug-possession-a-wobbler.html#storylink=cpy

California Senate approves change to drug law

State law would go easier on people who are busted for carrying illegal drugs for personal use under a bill approved by the California Senate yesterday.


Assembly Bill 721 changes the definition of "transporting" a drug to mean transporting it for sale, eliminating an additional charge for someone who might otherwise only be charged with drug possession.

"If you're in possession of a drug and you're walking down the street, you could be charged with transporting a drug even though your 'transporting' is just walking," said Sen. Rod Wright, D-Inglewood, as he presented the bill on the Senate floor.

The bill by Assemblyman Steven Bradford, D-Gardena, would not make it harder to prosecute drug dealers, Wright said, who would still be charged with transporting illegal drugs for sale.

"It simply says that... walking down the street does not qualify as transporting," Wright said.

"What this bill is intended to fix is that someone who would have been charged with simple possession, because their quantity was small, not end up with transportation for sale because (prosecutors) wanted to add charges."

Republicans argued against the bill, saying it would be too soft on criminals.

"This bill gives you a greater chance to get away with it or have it go easy on you," said Sen. Jim Nielsen, R-Gerber. "It is not a step in the right direction."

Sen. Mark Leno, D-San Francisco, countered that the bill could help chip away at the problem of crowding in California prisons.

"We're talking about a universe of people who will still be charged with one or more felonies. They will likely be going to state prison," Leno said. "The question is, do we want them to take up limited bed space for two or three years, or five or ten or 15 years?"

The state Senate passed the bill on a vote of 24-15. It now heads back to the Assembly for a concurrence vote before heading to Gov. Jerry Brown.

PHOTO: Assemblyman Steven Bradford, D-Gardena, in the Assembly chambers in March 2013. The Sacramento Bee/Hector Amezcua

California Senate Approves Common Sense Drug Sentencing Reform Bill

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: 


Will Matthews, ACLU of California, (415) 293-6309; wmatthews@aclunc.org

Ali Bay, press secretary, Office of Senator Mark Leno, (916) 651-4011; ali.bay@sen.ca.gov

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.