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Measure Details

Three Strikes Law. Repeat Felony Offenders. Penalties. Initiative Statute.

California Ballot Measure - Proposition 36

Election: Nov. 6, 2012 (General)
Outcome: Passed

Categories:
Crime
Legal

Yes
8,575,619
(69.3%)

Argument For

No
3,798,216
(30.7%)

Argument Against

Summary

- Revises three strikes law to impose life sentence only when new felony conviction is serious or violent.

- Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety.

- Continues to impose life sentence penalty if third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession.

- Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

- State savings related to prison and parole operations of $70 million annually on an ongoing basis, with even higher savings—up to $90 million annually—over the next couple of decades. These estimates could be higher or lower by tens of millions of dollars depending on future state actions.

- One-time state and county costs of a few million dollars over the next couple of years for court activities related to the re-sentencing of certain offenders.

Measure Text

Revises law to impose life sentence only when new felony conviction is serious or violent. May authorize re-sentencing if third strike conviction was not serious or violent. Fiscal Impact: Ongoing state correctional savings of around $70 million annually, with even greater savings (up to $90 million) over the next couple of decades. These savings could vary significantly depending on future state actions.

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