CA 3-Strikes Initiative: Re-sentencing Provisions of Prop 66 Will Keep Criminals in Prison

FOR IMMEDIATE RELEASE
October 31, 2004
FOR MORE INFORMATION:
Sam H. Clauder II, Political Director
YesOn66 [at] charter.net
8-66-4-2-VOTE-66, (951) 653-3500
Mike Kaspar, (949) 338-0646

Re-sentencing Provisions of Prop 66 Will Keep Criminals in Prison!

Re-sentencing provisions are the least understood and most controversial
sections in Proposition 66.
It is absolutely crucial that voters understand why they were written
and how they will work.

The following provisions are easily understood by any one who reads the
text of the initiative:

Re-sentencing was added to Prop 66 to keep strikers from getting out of
prison without serving appropriate time for their crimes.

Had re-sentencing not been included, after Prop 66 passes strikers could
overturn their sentences and walk out of jail free by appealing that
serving a strike-enhanced sentence for a crime that is no longer a crime
constitutes "cruel and unusual punishment." But, because re-sentencing
exists, no prisoner can make that appeal unless they have completed a
re-sentencing hearing.

A striker must waive double-jeopardy rights to receive a re-sentencing
hearing. This allows the DA to waive any plea-bargains, to file new
charges against the striker, or to re-file dropped charges. Therefore,
re-sentencing does not guarantee any striker will be released.

Re-sentencing can only be conducted by the court of origin so that the
original Judge and DA, who know the striker and his criminal history
best, can conduct the re-sentencing hearing. This prevents the striker
from slipping through a court that has no knowledge of his criminal
history. It also allows the striker's victims to participate in the
re-sentencing process.

Re-sentencing is not automatic. Prisoners must apply for a hearing and
be granted that privilege by the Judge in their court of origin.

Re-sentencing will only apply to non-violent offenders who have behaved
while they were in prison. Any striker who has attempted escape or been
violent while in prison will not qualify for re-sentencing.

Prop 66 does not erase the conviction nor change the primary sentence
for any striker. Prop 66 only deletes the enhancement of the convict's
prison sentence.

The only restriction on re-sentencing is that the striker cannot be
sentenced to more time than would have been served without Prop 66.
That means that a third striker can still receive a sentence of
25-years-to-life as the primary sentence for a crime.

A DA can use at least the following laws to keep a striker in prison
indefinitely:

The 5-year enhancement for repeat offenders can be used to add 5 years
to a sentence for each prior felony conviction -- 5 years for the
second, 10 years for the third, 15 years for the fourth, etc.

The Sexually Violent Predator (SVP) law can be used to re-commit
offenders for 2-year sentences indefinitely.

The Mentally Disordered Offender (MDO) law can be used to re-commit
offenders to 1-year sentences indefinitely.

In summary, the re-sentencing provisions were written explicitly for the
purpose of keeping strikers in prison, even if their strike is
non-violent, if they truly represent a potential threat to public safety.

Please get this word out to the voters so they will not be misinformed
by opponents who are intentionally lying about the re-sentencing
provisions in Prop 66.

Thank you.
--

If you have received this email more than once, please reply identifying each email
address you received it at, and specify which ones to delete.

If you would like to not receive any more email from this campaign, please reply
with the word "remove" in the subject box.

"Yes On 66" Committee, FPPC ID #1267337
Sam H. Clauder II, Political Director
12865 Main Street, #106-637, Garden Grove, CA 92840
8-66-4-2-VOTE-66, (951) 653-3500
YesOn66 [at] charter.net