Pubdate: Fri, 14 Apr 2000 Source: Orange County Register (CA) Copyright: 2000 The Orange County Register Contact: P.O. Box 11626, Santa Ana, CA 92711 Fax: (714) 565-3657 Website: http://www.ocregister.com/ 3-STRIKES REFORM FACES TOUGH FOES The state assembly has begun to take steps toward modifying California's uniquely onerous three-strikes law with the passage of AB 2447 by the Assembly Public Safety Committee last week.If the issue could be divorced from partisan politics and political campaigns-which unfortunately is not very likely-reform would probably be a cinch.But it is a political issue and at least in public certain positions have become set in stone. When the voters approved the three-strikes law in 1994 they thought they were enhancing penalties for violent crimes. But California's law turns out to be more stringent than the national law or than any other stat's law. It includes not just violent crimes but any felony. Most states stipulate that the three strikes occur within a time frame of five to 10 years, the idea being to get genuine career criminals. In California there is no time limit; a juvenile offense can be counted as a strike 20 years later. Consequently, as the Legislative Analyst's Office recently reported, of the 43,800 people now in prison on second strikes and 5,700 in for 25 years to life on third strikes, few are in for violent crimes. Only 40 percent of third-strikers are in for a violent crime. Of second-strikers, less than 20 percent are in for a violent crime - 36 percent are in for property crimes and 33 percent for drug offenses (20 percent for simple possession). Most authorities estimate that it costs taxpayers $25,000 to $30,00 a year to keep somebody in prison, and those figures are probably conservative. If there were clear-cut evidence that the three-strikes law had reduced crime, it might be viewed as worth it to spend all that money. But crime rates in California began to decline before the law was enacted, and they haven't declined more rapidly since. Crime rate have declined in states with and without three-strikes laws at about the same rates. In San Francisco, where prosecutors hardly ever invoke the law, crime has actually declined a bit faster than in Los Angeles County, where prosecutors use it as often as possible. The passage of the "strikes" law was facilitated by the enormous public outrage at the murder of young Polly Klass in Northern California. But at last week's hearing, Polly's grandfather, Joe Klass, argued eloquently that he didn't want this law to be Polly's legacy. "To take someone who has committed a nonviolent crime and send them to prison for 25 years to life is unconscionable," he said. The hearing room and halls were filled with opponents of the law and AB 2447, written by Los Angeles Democrat Rod Wright, which would make only violent crimes " strikable" offenses, passed the committee 5-3. Unfortunately, politics still reigns over common sense on this issue. None of the Republicans on the committee voted for reform and most observers expect Gov. Davis, who seems to live in constant fear of being accused of being "soft on crime," to veto a reform bill if it passes. Many politicians who understand the shortcomings of the current law are afraid a vote to make it more sensible will be used against them in the next election campaign. With the economy booming and unemployment low, it is difficult to get most Californians exercised about any political issue. The prison-reform organization UNION (United for No Injustice, Oppression or Neglect) has begun a light-hearted "Raise a Stink" campaign, urging people to send Gov. Davis a box with a note about three strikes inside a bottle and a few onions. No word yet on how it's going. Reforming California's unnecessarily expensive and ineffective three-strikes law would be a simple common-sense move rather than a partisan struggle. Until it becomes that - until citizens of both parties let legislators know they're ready - progress is likely to be achingly slow. - --- MAP posted-by: Derek Rea