As NLPA has previously written, a national wave of sentencing reform is
occurring, with the wave cresting in the great state of California. Recently,
California enacted Senate Bill 9 into law, whereby criminal defendants who were
under age eighteen at the time of their crime and who were sentenced to life in
prison without parole can ask the sentencing court to review their cases and
consider permitting parole after serving twenty-five years in prison. Election
Night 2012 provided another sentencing reform breakthrough in California with
the passage of Proposition 36. NLPA notes that Proposition 36 passed with an
overwhelming 68.65 of voters in favor.

Proposition 36 serves to reform the draconian "Three Strikes" law. The Three
Strikes law required judges to sentence third-time offenders who have committed
two previous violent or serious felonies to twenty-five to life prison terms for
the commission of any third felony, regardless of the severity of the third
felony. Although twenty-four other states possess Three Strikes laws, only
California’s law permitted the third strike to be for any type of felony.
However, with the passage of Proposition 36, a life sentence can only be issued
for a third felony when the third felony conviction is considered "serious or
violent." Offenders who were sentenced to life, despite the fact that
their third felony was not serious or violent, can now seek sentence
modification.

However, contrary to the rhetoric of those opposed to Proposition 36, the
amended sentencing law will not lead to "property crimes going up all over the
state, and in very short order." The amended law continues to impose a life
sentence penalty if the third strike conviction was for "certain non-serious,
non-violent sex or drug offenses or involved firearm possession" and for third
strike felonies that are "non-serious, non-violent third strike if prior
convictions were for rape, murder, or child molestation." Clearly, defendants
deemed dangerous will not be loosed upon society.

In practical terms, the amended law will permit the approximately 3,000
convicted felons who were, as of November 2012 serving life terms under the
Three Strikes law whose third strike conviction was for a nonviolent crime, to
be eligible to petition the court for a reduced sentence. It has been estimated
that these reduced sentences could save California, and its taxpayers, between
$150 and $200 million per year.

Should you have concerns that you are entitled to a lesser sentence based
upon recently amended state sentencing laws, contact NLPA immediately, and we
will help you in your fight for justice! NLPA will continue to be at the
forefront of arguing for such change and in assisting defendants receive fair
treatment.