BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1016  


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          Date of Hearing:   June 29, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1016  
          (Monning) - As Introduced February 11, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill extends the sunset date from January 1, 2017, to  
          January 1, 2022, for provisions of law which provide that the  
          court shall, in its discretion, impose the term or enhancement  
          that best serves the interest of justice. 


          FISCAL EFFECT:









                                                                    SB 1016 


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          Unknown annual GF increase or decrease to the extent this  
          measure results in longer or shorter prison terms. While it is  
          unlikely this bill will significantly alter current sentencing  
          patterns, even a minor increase in the number of offenders  
          deviating from the middle term drives significant costs or  
          savings, given the large base of offenders.  However, the fiscal  
          impact of extending the sentencing provisions is unclear because  
          the costs are determined by the behavior and decisions of  
          individual judges in sentencing hearings


          COMMENTS:


          Background/Purpose.  In 2007, the Supreme Court of the United  
          States ruled in the Cunningham v. California decision that  
          California's determinate sentencing statutes violated the Sixth  
          Amendment and were therefore unconstitutional.  The determinate  
          sentencing scheme, in place since the 1970's, allowed the courts  
          with a three-tiered sentencing option consisting of a higher,  
          more-severe term, a middle term, and a lower, less-severe term.

          The legislative fix put in place by SB 40 (Romero), Chapter 7,  
          Statutes of 2007, included a sunset date which has been extended  
          and approved by the Legislature through four different bills,  
          almost all of which received no opposition votes by members of  
          the Legislature.  The current determinate sentencing laws will  
          sunset on January 1, 2017, and if the sunset date is not  
          extended, California's entire sentencing scheme will become  
          unconstitutional once again. 

          SB 1016 will extend the sunset to January 1, 2022, and continue  
          to allow the choice of which of the three determinate sentencing  
          options apply to an offender to rest within the sound discretion  
          of the court.











                                                                    SB 1016  


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          Analysis Prepared by:Pedro r. Reyes / APPR. / (916)  
          319-2081