When a juvenile is convicted of a crime in California, even minimum sentences can often be increased by sentencing enhancements. A recent bill introduced by a state senator would change that to some degree. Senate Bill 81 will affect California sentencing enhancements for juveniles and adults alike.
Tough on Crime Era
Many of the sentencing enhancements that
have the potential to double
an individual’s sentence came out of the “tough on crime” era of the 80s and
90s. Statutes such as the three strike law were enacted that could pose severe
penalties on anyone who committed even a relatively minor crime. These enhancements
have increasingly come under scrutiny as the costs of mass incarceration, both
social and financial, are being more closely examined.
A study of these enhancements that were
imposed from 2005 to 2017 found that they accounted for about one of every four
years that were served in a jail or prison. The enhancements more than doubled
the base term in many cases. About half were triggered by prior convictions. The
other half was due to an individual’s conduct during the offense.
150 Separate Sentence Enhancements
In 2021, 40 years after the beginning
of the tough on crime era, California’s penal code now has more than 150
separate sentence enhancements. These range
from add-ons for possible gang association, which can affect many juveniles, to
having a prior conviction or being on probation.
These added terms are routinely applied
in almost every criminal case. Of those in state prison now, 80% are serving a
longer sentence because of one or more of these enhancements. Over a fourth are
serving sentences with at least three enhancements.
Committee on Revision of the Penal Code
Several key people testified to California’s
Committee on Revision of the Penal Code that these added sentences need to be
reduced or eliminated. In September 2020, former Governor Jerry Brown argued
that it was time for California to get rid of all of them. Alternatively, he
stated, state law should be reformed to give judges stronger guidance on when
and how to apply them appropriately.
Prosecutors, including Santa Clara
County District Attorney Jeff Rosen, testified as well. They stated that the
use of sentence enhancements is out of control in the state. They added that,
in many trials, the application of these extended prison terms gets more
attention, by the defense and the prosecution, than the crime itself. During the
committee meetings, the members heard additional testimony and studied research
that showed that extended prison sentences do not improve public safety.
Senate Bill 81
Senator Nancy Skinner, D-Berkeley is
a member of the California Committee on the Revision of the Penal Code, which
was established by Governor Gavin Newsom and the state legislature. Senate Bill
81, introduced by Senator Skinner, reflects one of the 10 recommendations made
by the committee, establishing judicial
guidance on the use of sentencing. In May 2021, the bill was approved by
the California Senate.
The bill will provide clarity on
California sentencing enhancements by giving guidance to judges on how to apply
the enhancements in the cases where there is clear and convincing evidence
that, should they not impose the additional sentence, that it would endanger
the public. SB 81 will guide judges in factoring in the following circumstances
under which an enhancement should not be applied:
- Application
of the enhancement would result in a disparate racial impact.
- Multiple
enhancements are alleged in a single case. In this instance, all enhancements
beyond a single enhancement shall be dismissed.
- The
application of an enhancement could result in a sentence of over 20 years. In
this instance, the enhancement shall be dismissed.
- The
current offense is connected to mental illness.
- The
current offense is connected to prior victimization or childhood trauma.
- The
current offense is not a violent felony as defined in subdivision (c) of
Section 667.5.
- The
enhancement is based on a prior conviction that is over five years old.
- Though
a firearm was used in the current offense, it was inoperable or unloaded.
- The
defendant was a juvenile when they committed the current offense or prior
offenses.
Now that it has passed the Senate, Senate
Bill 81 will go to the state Assembly.
Orange County Juvenile Defense
Attorney
Please contact the
Law Offices of Katie Walsh if your son or daughter is in legal trouble or
faces school expulsion. Attorney Walsh has the expertise to advocate for your
loved one's well-being successfully. For a free consultation, call Katie Walsh
at (714) 351-0178.
