SENTENCING BILL WORSENS CALIFORNIA’S STATE PRISON CRISIS

Our citizen's group of 6,000 doctors, teachers, nurses, social workers, members of the clergy, many with a loved one in their immediate families incarcerated, oppose SB40. There should be no goal set by state legislators to sidestep the recent Supreme Court ruling even if it means flooding the courts to right the unconstitutional sentencing of American citizens rotting away in California's mismanaged and over-crowded prisons.

Those 2% of cases that went to a jury trial which are affected need to considered as soon as possible. The prisoners are someone's father, mother, grand child, wife or husband and too many families have been destroyed in "the name of justice"

Legislators shouldn't just "go along" with unconstitutional sentencing or a bill such as SB40 that hasn't been fully discussed and considered by the taxpayers who will rob hundreds of millions of dollars from needed services such as education, services for the poor, blind, elderly and disabled.

I appreciate Public Defender Jeff Adachi having the courage to step up and speak out, and we thank Mark Leno and Fiona Ma for doing the right thing by voting NO on SB40.

The Appropriations hearing is this THURSDAY, MARCH 22, 2007 9 a.m. or Upon call of the Chair -Room 4202, Sacramento Capitol, 10th and L Streets, people need to be there to stand up for themselves before this gets passed on a slam-dunk with too little opposition.

Also email mark.leno@assembly.ca.gov to voice opposition. It isn't wise to assume email substitutes attendance at these hearings. If we snooze and say nothing, we lose because silence is consent. We need to show up and support Jeff Adachi's wisdom and courage and oppose this bad bill. No one can give unconstitutionally sentenced prisoners back the years they deteroriated in prison because some bureaucrat didn't want to be inconvenienced with retrials.

My email is rightor1@yahoo.com if you want to help stand up against SB40, time is of the essence as this vote will be taken on Thursday.

These are the people who will be making this critical decision that will impact many lives that deserve to be saved. Some have taken large and/or frequent donations from law enforcement labor unions and will be oblivious to your pleas for justice as they are in office to serve law enforcement's employment interests and not the people. But every American deserves a fair trial and no judge should have the power to expand sentencing on "facts" that were not found by a jury to be beyond a reasonable doubt. Sentencing reform is a critical part of prison reform and we, the people, must stand up at this time and oppose SB40

California State Assembly Committee on Appropriations Mark Leno, Chair Phone: (916) 319-2013

Mimi Walters, Vice Chair Phone: 916) 319-2073
Committee phone (916) 319-2081

Committee Members Committee Members District Phone E-mail Mark Leno, Chair Dem-13 (916) 319-2013

Assemblymember.leno@assembly.ca.gov Mimi Walters, Vice Chair Rep-73 916) 319-2073

Assemblymember.walters@assembly.ca.gov
Anna M. Caballero Dem-28 (916) 319-2028

Assemblymember.Caballero@assembly.ca.gov

Mike Davis Dem-48 (916) 319-2048

Assemblymember.Davis@assembly.ca.gov
Mark DeSaulnier Dem-11 (916) 319-2011

Assemblymember.DeSaulnier@assembly.ca.gov
Bill Emmerson Rep-63 (916) 319-2063

Assemblymember.emmerson@assembly.ca.gov
Jared Huffman Dem-6 (916) 319-2006

Assemblymember.Huffman@assembly.ca.gov
Betty Karnette Dem-54 (916) 319-2054

Assemblymember.Karnette@assembly.ca.gov
Paul Krekorian Dem-43 (916) 319-2043

Assemblymember.Krekorian@assembly.ca.gov

Doug La Malfa Rep-2 (916) 319-2002

Assemblymember.lamalfa@assembly.ca.gov
Ted W. Lieu Dem-53 (916) 319-2053

Assemblymember.Lieu@assembly.ca.gov
Fiona Ma Dem-12 (916) 319-2012

Assemblymember.Ma@assembly.ca.gov

Alan Nakanishi Rep-10 (916) 319-2010

Assemblymember.nakanishi@assembly.ca.gov

Pedro Nava Dem-35 (916) 319-2035
Assemblymember.nava@assembly.ca.gov

Sharon Runner Rep-36 (916) 319-2036
Assemblywoman.Runner@assembly.ca.gov

Jose Solorio Dem-69 (916) 319-2069
Assemblymember.solorio@assembly.ca.gov

I oppose SB40. This is wrong! Our prisons are overcrowded because there are too many people in there for petty stuff. People have drug problems and get no rehabilitation while incarcerated, nor due they get an education. In California prisoners are taken so far away from where there families are that they never get to see their loved ones and especially their children. The people that are really paying here are the children and the families of people incarcerated and moving them to another State only makes matters worse. We taxpayers still have to pay for them to be housed in other states and then it's really impossible for them to have their families visit, which is very important to rehabilitating these PEOPLE. I strongly oppose this bill and what really upsets me is that Gloria Romero, someone I really had a lot of respect of on other issues she represented is pushing for this bill. I will no longer support Gloria Romero because I think this is a huge mistake.

Sincerely,
Angelina Espudo
Wife of an Inmate

Senator Romero argues that SB40 is needed “to avoid chaos” in California’s criminal justice system.

There is already "chaos" within California's criminal justice system-and our prisons reflect this "chaos".

Shame on California lawmakers for trying to pass off a bill thats supposedly "effective".

The time has long, long passed for prison reform-lets stop wasting time and money with ineffective bills like SB40-we need action, not more bills.

Senator Romero has done a great deal for prison reform and this is the first time in a decade, through scores of bills, the UNION finds it necessary to oppose a bill that she has sponsored. We perhaps did communicate strongly enough about judicial and prosecutorial misconduct and corruption with the letters to editors that we all wrote every week.

The time to do that is now, but let us not forget that the 3 million people attached to a state prisoner haven't been getting out the vote and putting their own candidates into office. We are grateful for all that Senator Romero has done in the past, is even doing this session with several bills that she's sponsored and hopefully will do in the future. Sometimes it is necessary to disagree but it can be done with appreciation for all the hard work invested. What we have here is perhaps a failure to communicate.

Legislators aren't psychic, they only know what appears in the papers, if you weren't making noise about what happened in court, it is likely she doesn't see your viewpoint. Now's your chance to be heard in full appreciation of all the good work in the past Romero has done.

I am sure we did NOT communicate strongly enough to be heard on judicial and prosecutorial misconduct. A lot more people out there need to learn to stand up for themselves by writing simple letters to editors and getting out the vote for people who are aware of our issues. If that isn't happening, we are partly to blame as the state runs by large, funded, groups.

The Appropriations Committee fax number is
916-319-2181

Power of numbers organized in a big voting group is the only way we are ever going to have a voice. Legislators should be aware that families in our UNION now have 28 lawsuits filed over wrongful deaths and abuses, violation of ADA requirements and more on the way.

Unconstitutional can easily result in lawsuits

Anything the legislators agreed on this fast is downright scary, if there is a choice behind what prosecutors will support and what public defenders support, I'm going with the advocates for the people every time. This is an emergency because this is the last committee before it goes to the Assembly for a vote.

We can't make enough noise today and tomorrow about this violation of the 6th and 14th Amendments - not to mention the cruel and unusual punishment happening to kids who need their fathers and mothers at home.

California will lose again as soon as another case hits the U.S. Supreme Court. You can run but you can't hide and California Judges and the legislators have been hiding forever trying not to change the sentencing laws.

Everyone who votes YES on SB40 should be ASHAMED OF THEMSELVES. The crocked politicians can get away with murder.

Just let some poor person who can't afford all the high priced attorneys and they will sit in prison until they rot with one charge stacked on top of another charge. I can't wait until the prison system totally bankrupts this State. Then let's see who pays their fancy salaries in Sacramento.

Remember their names and don't vote for them in the next election.

California will lose again as soon as another case hits the U.S. Supreme Court. You can run but you can't hide and California Judges and the legislators have been hiding forever trying not to change the sentencing laws.

Everyone who votes YES on SB40 should be ASHAMED OF THEMSELVES. The crocked politicians can get away with murder.

Just let some poor person who can't afford all the high priced attorneys and they will sit in prison until they rot with one charge stacked on top of another charge. I can't wait until the prison system totally bankrupts this State. Then let's see who pays their fancy salaries in Sacramento.

Remember their names and don't vote for them in the next election.

The Constitution is dead in California with a bunch of fascists in charge, trying to deny people their 6th and 14th amendment rights. Say NO to SB40 - these are real people impacted here. We don't want to pay to punish sick people. Education is a better investment. Follow the money trail on how these slimy politicians vote.

The voters who are hurt outnumber all the ones using human beings as fodder for Bush' canons or the prison slavery business.

Not in my name and not with my tax dollars. Stop whoring up my constitution and my government with your special interests. We can vote people out who have no respect for the Constitutional rights of people

If you posted an objection when this went to the public safety committee a week or so ago, it is important that you send them again to the appropriations committee.

It's a different step in the process, it goes through one committee at a time as it makes it way to the Assembly floor unless it gets killed because it will cost $130 million a year minimum

Leno is now the chair of Appropriations but look at who's on that committee, a lot of CCPOA's funded legislators.

Even Republicans can see that not only is SB40 probably unconstitutional but it will expand the government, destroy more families and cost more than it's worth.

What the hell is going on here?

IT'S REALLY SIMPLE VOTE NO ON SB 40

I am staunchly opposed to this bill as it is simply side-stepping the Cunningham decision. This bill was hastily drafted to counter the Supreme Court's recent decision declaring California's sentencing law unconstitutional. Instead of requiring a jury to find facts that could be used to enhance a person's prison sentence, SB 40 gives the sole power to judges. This was not the intent of the Supreme Court ruling and SB 40 undermines its intent. Furthermore, this was not the intent of the determinate sentencing laws, and this law would fail to address the fundamental problems in California's penal system. It will also create greater injustice in sentencing, especially in the case of minority and poor defendants who cannot afford quality representation and must rely on the over worked public defenders to represent them. The legislature should not act in haste to make a decision that will affect thousands of lives and further threaten the efforts towards sentencing reform. It is a ridiculous waste of money to fund a law that is unconstitutional. Put those same dollars into education where there is chance to provide what is necessary so we can keep our people out of prison.

SB 40 allows judges to impose the high term without making factual findings.This is wrong. Why with all the talk about a sentancing committee....now an about face.
SB 40 is counter -productive to sentancing reform. I challege this bill,and hold this vote tally as evidence....of how careless law makers are.Romero....Sorry but you are out to lunch.
This will impower Judges to be in no subjection what -so-ever/might as well say_____ you,you have no rights. I would like to get a list of all the inmates who have been convicted to 25yrs to life in prison for stealing a pair of pants and a shirt.......SB 40 is more of the same BS......and works against fair sentancing reform. No wonder prisons are over-flowing..politicians caused over-crowding...by pressing Judges to give harsh sentances...Now they throw any form of restraint of Judges to the wind.....Why? Because they don't want to spend a dime to re-sentance fairly those who have been sentanced unfairly. Who cares about justice?

This is the lazy way out...throwing the most important issue out..fair sentancing. Romero is out of line with the basic principles of the Consitution-this is outrageous. Sitting on there thumbs-then come up with this bum Bill SB 40. Everyone has rights,and no senator has the right to take them away for convienence_CA.officials are not doing their job,and the quick lame fix is wrong Romero.

I strongly oppose SB40.
Defendents are denied their Federal Constitutional Protected right to have all facts legally essential to their sentence be determined by a jury and beyond a reasonable doubt.

Under Penal Code section 1170, when an offense is punishable by three possible terms,when the middle term is imposed, no further justification is needed.

In our case, the judge acting on his own imposed the upper term because "the defendent accepted no responsibility for his actions" (In other words, he pleaded innocent) And was given the upper term because of this.
Absent of the findings by his jury.
SB40 is now going to allow these unconstitutional sentencing practices. This system will not withstand against our Sixth Amendment precedent.

I urge you to vote NO on SB40!

I must be missing something here. I thought the big deal in CA was the overcrowding and unsafe prison conditions to staff and inmates. Now, SB 40 is going to put more inmates in jail for a longer time. I thought we as Californians were supposed to be working with our Governor to fix the prison system. This bill is not going to help at all. If the Supreme Court found that the present sentencing system is broken, and we have the right to a trial by jury, how is giving the judges sole discretion at sentencing going to fix this problem. If the Constitution states, trial by jury, it means just that; not giving judges more power. California can not build enough prisons to put all the people they plan on locking up and throwing away the keys. I heard that a proposal is circulating to continue with the sentencing the way it is but only have inmates do 35% of their time instead of 50% for non-violent crimes.This will alleviate some of the overcrowding, but giving inmates more time is not the answer.

Dear Editor-

OPPOSE SB40- It is absolutely numbing to see the disrespect occuring to our Constitution our Fore Fathers intended for this great nation!! We must pull America back together and quit this political tug-of-war which also disrespects and robs the people -remember "We The People"?- of its voice. And how about humanity? This bill appears to be a quick bandage not in the favor of "whats right" or "fairness" but political agenda at the costs of lives. Granted, a criminal should be punished-but should the severity of penalty be at the hands of a Judge that has a personal vendeta for a situation or having a bad day?
Inform and let the people that pay have a say!! The tax-payer.........

No on SB40 Mak

In effect, Senate Bill 40 will sanction the unconstitutional action of any judge who increases a defendant’s sentence without a jury's finding that the evidence allowing the increased sentence is true. This bill will allow unscrupulous judges to prevent prisoners who qualify for shorter sentences from receiving them, and it will increase the incidence of disproportionate sentencing of ethnic minorities and poor people. It will also jeopardize current efforts toward true sentencing reform in California.
The majority of citizens do not want judges to have sole sentencing power; jury findings on aggravated circumstances are part of the justice equation. The last chance stop this faulty bill will be tomorrow morning, Thursday, March 22, 2007, when the Appropriations Committee meets in the State Capitol, Room 4202. If you agree that judges should not be able to give a sentence based on aggravated circumstances without jury findings, make your voice heard: Call Appropriations Committee and Assembly members or better yet, if possible, show up on Thursday.

Vote No! We need prison reform not politicians wasting money on bad ideas. SB40 is a bad idea.

Prison Federal Receiver, good idea, or money grab?

Does the Federal Government need money? What a way to grab it from the State.
We better change our sentencing laws.

The State of California Prison System is the largest of any State in the U.S. It also tops any foreign countries prison population. There is a big supply of $$$$$$$$$ in the California prison system.

Now the Federal Government has to pay California to house their Federal prisoners.

When the Feds. take over California Taxpayers will have to pay the Federal Government to take care of California prisoners. This will be a big shift in $$$$$$$$$ to the Federal Government Treasury. Do you think for one minute that the Government doesn't see the prison system as a major industry to produce cash?

The prison health care will be turned over to some very large HMO type of provider such as Health Care Services, Inc. who already has contracts with several other State's prisons.

All prisoner lawsuits will be shifted from State to Federal courts. Medical Mal Practice against prison doctors will be stopped.

The Federal Government will be able to house any prisoner in any State they see fit.

Under the disguise of Rehabilitation, it will allow the Federal Government to contract with private industry to put their manufacturing plants on California Prison property and broaden the horizon as to where these prisoner made products can be sold. This is a big $$$$ business it is not all about prisoner's health care. It is slave labor. it is a Government take-over of California Prison $$$$$$$$$.

Looks like I'm a little late jumping on board this one, sorry folks.

What a terrible shame that SB40 passed the appropriations committee. It's a terrible week in California. This is a bad deal for all of us. Now we need to find everything that is Unconstitutional about SB40.

The funny thing about putting the sentencing in the hands of the Judge is that, when, he or she decides that a person should get probation instead of jail time, the prosecutors object and then make a public spectacle of the whole thing. But if they make the mistake of over-sentencing someone to prison there is no public spectacle of the Judge or how wrong they were in issuing the sentence.

We now need to challenge this bill in court!

I did some research and I am listing it below.

http://portland.indymedia.org/en/2004/03/281821.shtml
SHACKLED BOXCARS in OR,TX,,MT,NH, NC; & intervew w/imported NATO crack troops
author: your 'need to know' basis promotion
Why 250,000. shackled box cars?
http://www.apfn.org/apfn/camps.htm
http://web.archive.org/web/20060112191540/http:/www.thewinds.org/1997/02/military_role.html

3.125% people is in jail, 24.26% retired, and 1.5 % of our children are in foster care. The U.S.A. has 20.4% minor children. 10.66 disabled. 4.7 percent unemployed.

58.445 or our population is not working.

.46 percent military

The Pentagon's annual budget is forty cookies or four hundred billion dollars a year. So how much do you think we spend on this other stuff?


http://www.msnbc.msn.com/id/15960666/
People in Jail
http://www.aoa.gov/prof/Statistics/historical_pop/1998PopEst/popx5.asp
retired information
http://en.wikipedia.org/wiki/Demographics_of_the_United_States
foster care
http://en.wikipedia.org/wiki/Disabled
disabled.
http%3a//www.prb.org/Template.cfm%3fSection=Population_Bulletin1%26template=/ContentManagement/ContentDisplay.cfm%26ContentID=12460
military
http://www.truemajorityaction.org/fun/oreotrans.php
pentigon

Estimated receipts for fiscal year 2006 are $2.2 trillion. This expected income is broken down by the following sources:
http://en.wikipedia.org/wiki/United_States_federal_budget,_2006
$966.9 billion (44.4%) - Individual income tax
$818.8 billion (37.6%) - Social Security and other payroll taxes
$220.3 billion (10.1%) - Corporate income tax
$75.6 billion (3.5%) - Excise taxes
$26.1 billion (1.2%) - Estate and gift taxes
$28.3 billion (1.3%) - Customs duties
$41.6 billion (1.9%) - Other

-$69.8 billion (2.68%) - Undistributed offsetting receipts (interest we OWE) Because the government is spending to much money on being to darn big!
-400 billion on military! 18.18 percent of our budget goes to the millitary.

350,000,000,000 education
70,000,000,000 world hunger
2,500,000,000 green energy
20,000,000,000 healthcare
7,500,000,000 headstart
400,000,000,000 Military
------------------------------------------------
850,000,000,000

2,200,000,000,000

not accounted for?

1,350,000,000,000.
The American Way is gone!
Truth Justice and the American way died with Superman!

my son went to court after spending 7 months in co. jail (san mateo). he was given 8 years for petty theft $39.95 from sears he has never caused and bodily harm to anyone nor used a weapon in any of his so called serious crimes. sorry i cannot agree with this stupid reasoning this sentence was arrived at his finishing all the good time off while in prison. thanks PLEASE VOTE NO ON SB40 THANKS SHARRON A. EMAIL shortyred@rcn.com

My son has been waiting in jail for almost 3 years in n.c.he got a 26 year sentence for a non-violent habitual
felony. He won his MAR appeal, however the DA"S will not
give him a desent plea. They put his picture up in their office saying do not help this man. If there is
anyone out there that can direct me to someone who can help us please e=mail me.I am a desparate mother.

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