SWING AND A MISS ON 'THREE STRIKES'

Prospects for serious reform of California's Draconian "Three Strikes" law
appear dim, at least for this year. Santa Monica Democratic Sen. Tom
Hayden's S.B. 79, which would require that a third "strike" would have to
be a serious or violent felony (rather than any felony) to merit a
25-years-to-life sentence, is languishing and will probably not be brought
up for a full Senate vote this year.

That means it would become a "two-year" bill, subject to a vote during the
next legislative session next January. ...

Rocky Rushing, Sen. Hayden's chief of staff, candidly acknowledged ... last
week the S.B. 79 probably wouldn't have passed even the full Senate this
year because questions about California's uniquely onerous "three strikes"
law are not yet widespread enough to deflect fears by elected politicians
that they could be viewed as "soft on crime" by voters. ...

"We have about 5,000 inmates in state prison on a 'third strike' now, and
about half of them are in for non-violent crimes," (Rushing said)

Some 26 states and the federal government have enacted some version of a
"three strikes" law that mandates enhanced punishment for a third violent
offense. California is the only jurisdiction in which a non-serious,
non-violent felony can be counted as a strike. It is one of only seven
states with enhanced punishment for a second "strike." ...

As a consequence, as of the middle of last year, the state had 227 people
serving 25-to-life at the taxpayers' expense whose third strike was petty
theft with a prior, 100 for receiving stolen property, 387 for possession of
a controlled substance and 240 for possession of a weapon. ...

California's "Three Strikes" law costs taxpayers hundreds of million of
dollars a year, has led to injustices in sentencing and has no demonstrable
impact on crime rates. ... (C)hanging this law should be near the top of the
agenda of any politician who claims to value substance over symbolism.

- - The Orange County Register