California Sentencing Reform Bill to be Voted on Today by State Assembly

[courtesy of California Progress Report]

By Frank D. Russo

California Assembly Speaker pro Tempore Sally Lieber advises that legislation authored by her creating an independent California Sentencing Commission charged with devising criminal sentencing guidelines will be debated and put to a vote today on the floor of the Assembly. Lieber's bill, AB 160, is similar to SB 110 by Senator Gloria Romero poised to be voted on by the Senate this week.

Lieber sees this bill in the context of the massive prison construction bill passed in April. Referencing that bill, she said in a statement released late last night: "We have a historic opportunity in the wake of the passage of AB 900 to reform thirty years of piecemeal modifications to California’s sentencing laws. The Commission concept has been used successfully in other states to address this issue. This bill would create a truly independent commission that is carefully balanced and chaired by the Chief Justice of the California Supreme Court."

Under the provisions of AB 160, authority to appoint members of the Commission will be distributed among the Governor and both houses of the Legislature. The Chief Justice of the Supreme Court will serve as the permanent Chair of the Commission. Four members will be ex officio: the Attorney General, the Secretary of the Department of Corrections and Rehabilitation, the Director of the Department of Finance, and the State Public Defender.

Similar commissions in other states have been successful in balancing sentencing policy and prison resources. In recent months, the Governor has repeatedly indicated his support for such a commission. Although it’s anticipated that a commission would help in balancing prison resources, Lieber reiterated that sentencing guidelines and prison overcrowding must be dealt with as separate subjects.