Sentencing Commission Would Weaken Tough-On-Crime, Public Safety Laws
Assemblyman Greg Aghazarian
July 23, 2007
As state lawmakers, it is our duty to maintain a commitment to public safety, to protect California 's children and hard-working families from dangerous criminals.
In recent years, the Legislature and voters have adopted important public safety protections like ''Three Strikes'' and ''10-20-Life,'' which have made a real difference in lowering California 's crime rate by more than 40 percent, and the violent crime rate by more than 50 percent.
But there are those in the State Legislature that are pushing an irresponsible measure that could threaten the safety of our communities.
Senate Bill 110 would create a new 20-member California Sentencing Commission with broad powers to change our state's tough-on-crime mandatory sentencing laws. This unelected, unaccountable body would be given nearly-unchecked powers to change criminal statutes, without the direct input from the Legislature or the voters.
I believe that lawmakers and citizens should have the final word on sentencing California 's criminals. We need to ensure justice is served for crime victims and their families, and that criminals receive appropriate punishments that keep them away from our children and locked up behind bars where they belong.
Not only is Senate Bill 110 a threat to the public safety, it is also likely unconstitutional. Only the Legislature, through legislation, and the voters, through ballot initiatives, have the power to make laws and change mandatory sentences in California under the State Constitution. Any plan that allows an unelected, unaccountable body to effectively write new state sentencing laws and eliminate public safety protections already on the books, with little legislative input, is clearly unconstitutional.
The supporters of this ill conceived measure argue that we need to reform our sentencing laws because California 's prisons are overcrowded and too many prisoners are serving mandatory sentences for so-called non-violent offenses. When we talk about ''non-violent offenders,'' we are not talking about those convicted of traffic violations, but rather criminals convicted of serious crimes like burglary and identity theft, who could soon be out on the streets if this bill is passed.
It is short-sighted to use prison overcrowding as a reason for a sentencing commission. Lawmakers recently worked together in a bipartisan manner to pass prison reform legislation that provides the expanded prison capacity required to keep inmates behind bars.
California 's prisons are not overcrowded because we are locking up too many serious and repeat criminals, but rather because the Legislature ignored our prison issues for far too long. In passing Assembly Bill 900, which I co-authored, legislators have crafted the workable solutions needed to build additional prison capacity to reduce severe overcrowding and improve rehabilitation programs so more prisoners can become productive citizens once they have paid their debt to society. Our bipartisan reforms represent significant progress to eliminate overcrowding, and should eliminate any need to reduce or limit our total prison population.
Make no mistake, Senate Bill 110 is dangerous legislation that will lead to the early release of thousands of criminals into our neighborhoods before they have paid their debt to society.
Justice will not prevail and the rights of crime victims will not be protected if the Legislature cedes its powers to an unelected commission to make the final decision about California 's public safety laws. I will continue to oppose this bill and any other that puts our families' public safety in jeopardy and puts the rights of criminals ahead of crime victims.
In recent years, the Legislature and voters have adopted important public safety protections like ''Three Strikes'' and ''10-20-Life,'' which have made a real difference in lowering California 's crime rate by more than 40 percent, and the violent crime rate by more than 50 percent.
But there are those in the State Legislature that are pushing an irresponsible measure that could threaten the safety of our communities.
Senate Bill 110 would create a new 20-member California Sentencing Commission with broad powers to change our state's tough-on-crime mandatory sentencing laws. This unelected, unaccountable body would be given nearly-unchecked powers to change criminal statutes, without the direct input from the Legislature or the voters.
I believe that lawmakers and citizens should have the final word on sentencing California 's criminals. We need to ensure justice is served for crime victims and their families, and that criminals receive appropriate punishments that keep them away from our children and locked up behind bars where they belong.
Not only is Senate Bill 110 a threat to the public safety, it is also likely unconstitutional. Only the Legislature, through legislation, and the voters, through ballot initiatives, have the power to make laws and change mandatory sentences in California under the State Constitution. Any plan that allows an unelected, unaccountable body to effectively write new state sentencing laws and eliminate public safety protections already on the books, with little legislative input, is clearly unconstitutional.
The supporters of this ill conceived measure argue that we need to reform our sentencing laws because California 's prisons are overcrowded and too many prisoners are serving mandatory sentences for so-called non-violent offenses. When we talk about ''non-violent offenders,'' we are not talking about those convicted of traffic violations, but rather criminals convicted of serious crimes like burglary and identity theft, who could soon be out on the streets if this bill is passed.
It is short-sighted to use prison overcrowding as a reason for a sentencing commission. Lawmakers recently worked together in a bipartisan manner to pass prison reform legislation that provides the expanded prison capacity required to keep inmates behind bars.
California 's prisons are not overcrowded because we are locking up too many serious and repeat criminals, but rather because the Legislature ignored our prison issues for far too long. In passing Assembly Bill 900, which I co-authored, legislators have crafted the workable solutions needed to build additional prison capacity to reduce severe overcrowding and improve rehabilitation programs so more prisoners can become productive citizens once they have paid their debt to society. Our bipartisan reforms represent significant progress to eliminate overcrowding, and should eliminate any need to reduce or limit our total prison population.
Make no mistake, Senate Bill 110 is dangerous legislation that will lead to the early release of thousands of criminals into our neighborhoods before they have paid their debt to society.
Justice will not prevail and the rights of crime victims will not be protected if the Legislature cedes its powers to an unelected commission to make the final decision about California 's public safety laws. I will continue to oppose this bill and any other that puts our families' public safety in jeopardy and puts the rights of criminals ahead of crime victims.
Print
Email
