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This week, \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> is launching a series to remember some of them. Our first tribute is to Eric Warner, who died of COVID-19 in San Quentin State Prison at age 57. He was born and raised in San Francisco, the son of Filipino immigrants. He was a barber, a boxer and a beloved brother. Eric’s older brother Hank brings us this tribute.\u003c/em>\u003c/p>\n\u003cp>[dropcap]H[/dropcap]aving an only brother incarcerated for life leaves a hole in your heart. You long for sibling companionship. And guard your secret for fear of shame.\u003c/p>\n\u003cp>Growing up, we collected pollywogs after big rains. We adventured new horizons on bikes, imitated major leaguers in the schoolyard. Life was simple. We happily sang along to Don McLean’s \"American Pie,\" oblivious to the foreshadowing of things to come.\u003c/p>\n\u003cp>By our teenage years, Eric and I drifted in opposite directions. As adults, I only saw him at times of crisis, like when he lost his leg in a tragic car accident, or when I visited him at county jails and hard-to-reach penitentiaries.\u003c/p>\n\u003cfigure id=\"attachment_11869891\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-full wp-image-11869891\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/YoungBrothersAtHome.jpg\" alt=\"\" width=\"800\" height=\"594\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/YoungBrothersAtHome.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/YoungBrothersAtHome-160x119.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Eric and Hank Warner were born just two years apart. Their mom loved to dress them as twins. \u003ccite>(Courtesy Hank Warner)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As he began serving his life sentence, we reconnected through hand-written letters.\u003c/p>\n\u003cp>I committed to helping Eric survive. He needed a life of meaning and purpose. For more than 20 years, we talked about spiritual guidance and emotional fulfillment. Like workout partners, we had a regimen for building his mental and emotional strength.\u003c/p>\n\u003cp>Complete transformation came after he graduated from rehabilitation programs. San Quentin’s intense workshops gave Eric the tools to conquer his demons. He learned how to live a life of redemption.\u003c/p>\n\u003cfigure id=\"attachment_11869808\" class=\"wp-caption alignright\" style=\"max-width: 393px\">\u003cimg class=\"size-full wp-image-11869808\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/20-Ages-31-33-Eric-Hank-Brooklyn-Bridge-NYC.jpeg\" alt=\"\" width=\"393\" height=\"555\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/20-Ages-31-33-Eric-Hank-Brooklyn-Bridge-NYC.jpeg 393w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/20-Ages-31-33-Eric-Hank-Brooklyn-Bridge-NYC-160x226.jpeg 160w\" sizes=\"(max-width: 393px) 100vw, 393px\">\u003cfigcaption class=\"wp-caption-text\">Eric and Hank at the Brooklyn Bridge in New York City. \u003ccite>(Courtesy of Hank Warner.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“E” – as he was known in the pen – studied law in the prison library. He handled his own appeal and successfully reduced his life sentence. But California’s three strikes law, the root problem to over-sentencing and deadly overpopulation in prisons, prevented him from ever seeing freedom.\u003c/p>\n\u003cp>His resolve would not be broken. E used his valuable new skills to help hundreds of incarcerated men fight for their legal rights. He became known as the “Prison Lawyer.”\u003c/p>\n\u003cp>\"Now, think about advocacy from prison,\" said \u003ca href=\"https://www.kqed.org/news/11829407/were-talking-about-human-beings-released-from-san-quentin-adnan-khan-advocates-for-people-still-inside\">Adnan Khan\u003c/a> in a \u003ca href=\"https://www.facebook.com/akhan1437/videos/305013667279266/?d=n\">tribute video to Eric on Facebook.\u003c/a> Khan was formerly incarcerated himself and now runs a national organization called \u003ca href=\"https://restorecal.org/\">Re:Store Justice.\u003c/a>\u003c/p>\n\u003cp>\"From a level-four prison. Doesn't have a law degree. A dude serving a life sentence, but passionate about helping people,\" Khan said. \"He helped others. Never charged no one, and said, 'Just don't forget me when you get out.' That's who Eric was, and is.\"\u003c/p>\n\u003cp>In addition to me, Eric had Amanda, his fiancee.\u003c/p>\n\u003cp>They met when a close friend introduced his sister-in-law to Eric over the phone. Love letters and phone calls quickly ensued. They inspired one another to live with dignity. Amanda had late-stage cancer.\u003c/p>\n\u003cfigure id=\"attachment_11869812\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11869812\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-800x558.jpeg\" alt=\"\" width=\"800\" height=\"558\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-800x558.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-1020x711.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-160x112.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-1536x1071.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019.jpeg 1650w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Hank Warner and Eric's fiancee, Amanda, visiting him in San Quentin in 2019. She died soon after this visit. \u003ccite>(Courtesy of Hank Warner.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It was the only time they met in person. It was magical. I had never seen my brother this happy. That was back in 2019.\u003c/p>\n\u003cp>Eric talked about their love story, and read a letter to Amanda, in this documentary called “Resilience” — made by Khan and other incarcerated men learning to be filmmakers inside San Quentin:\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=ttDcatgnKKQ\u003c/p>\n\u003cp>Last summer, when I saw on the news that there was a \u003ca href=\"https://www.kqed.org/news/11826469/shocking-heartbreaking-san-quentin-coronavirus-outbreak-alarms-health-officials\">COVID outbreak in San Quentin\u003c/a>, my heart sank. I didn’t hear from Eric for weeks. We normally talked on the phone every Sunday. But there were no phone calls, no letters, no news.\u003c/p>\n\u003cp>On July 18, 2020, I received a call from a nurse. Eric was hospitalized. He made it out of prison, only to end up in a hospital close to where we grew up. He had been in the ICU for over a week.\u003c/p>\n\u003cp>Facetime was the only way we could visit. Eric’s face, dominated by an air mask, filled my iPad screen. The whooshing sound of the breathing machine drowned out his voice. He gasped for life with every breath. Our visits lasted only a few minutes. I was his cheerleader and soother.\u003c/p>\n\u003cp>It was just the two of us for seven days, and then he passed.\u003c/p>\n\u003cfigure id=\"attachment_11869806\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11869806\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-800x921.jpg\" alt=\"\" width=\"800\" height=\"921\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-800x921.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-1020x1174.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-160x184.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport.jpg 1126w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">BMX was Eric's favorite sport. \u003ccite>(Courtesy of Hank Warner.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Soon after Eric died, I received an overwhelming number of texts and phone messages. Formerly incarcerated men and prison staffers reached out to express their condolences.\u003c/p>\n\u003cp>All had to let me know how much Eric meant to them.\u003c/p>\n\u003cp>https://twitter.com/akhan1437/status/1341868668733456385?s=20\u003c/p>\n\u003cp>I couldn’t understand what motivated these people to reach out to me. I didn’t think anyone cared.\u003c/p>\n\u003cp>A few weeks later, these same men organized a memorial to honor my brother. More than a dozen friends from San Quentin showed up. Many more couldn’t be there.\u003c/p>\n\u003cp>\"Eric will always be remembered by friends and family as a kind and warm hearted person. And he was loved by so many,\" said Chanton Bun, his friend and former cellmate.\u003c/p>\n\u003cp>[aside postID=arts_13889012 hero='https://ww2.kqed.org/app/uploads/sites/2/2020/11/eric-warner-1920-x-1080-1020x574.jpg']One by one, each person told me what Eric meant to them; how he helped them survive in prison and prepared them to get out.\u003c/p>\n\u003cp>Then it hit me – my brother helped so many men reach freedom – in every sense. It was like they owed their lives to him. This blew my mind!\u003c/p>\n\u003cp>Now that some time has passed, I am relieved to say that the hole in my heart is mending. I no longer feel ashamed. I admire my brother for shedding past demons and creating a meaningful life by serving others. Eric’s life may have been taken by COVID, but his spirit will live on. He left his legacy.\u003c/p>\n\u003cp>I am proud of my brother Eric William Warner.\u003c/p>\n\u003cp>\u003cem>Hank Warner lives in the Los Angeles area. He shared this tribute to his brother, Eric. \u003c/em>\u003c/p>\n\u003cp>\u003cem>If you’d like to honor a loved one from a vulnerable community who died from COVID, we'd like to give you space to remember them in your own voice. \u003ca href=\"https://www.kqed.org/news/11865034/memorializing-those-lost-to-covid\">Tell us their story\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Eric Warner died of COVID in San Quentin State Prison at age 57. He was born and raised in San Francisco, the son of Filipino immigrants. His older brother Hank brings us this tribute.","status":"publish","parent":0,"modified":1644020577,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1115},"headData":{"title":"'He Left His Legacy': Losing a Brother to COVID in San Quentin | KQED","description":"Eric Warner died of COVID in San Quentin State Prison at age 57. He was born and raised in San Francisco, the son of Filipino immigrants. His older brother Hank brings us this tribute.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'He Left His Legacy': Losing a Brother to COVID in San Quentin","datePublished":"2021-04-16T22:15:24.000Z","dateModified":"2022-02-05T00:22:57.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11869618 https://ww2.kqed.org/news/?p=11869618","disqusUrl":"https://ww2.kqed.org/news/2021/04/16/he-left-his-legacy-losing-a-brother-to-covid-in-san-quentin/","disqusTitle":"'He Left His Legacy': Losing a Brother to COVID in San Quentin","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/128ff8d5-5f5d-4edd-bfb7-ad0c0140ff1b/audio.mp3","nprByline":"Hank Warner","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11869618/he-left-his-legacy-losing-a-brother-to-covid-in-san-quentin","audioDuration":532000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>More than 60,000 Californians have died from COVID-19. This week, \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> is launching a series to remember some of them. Our first tribute is to Eric Warner, who died of COVID-19 in San Quentin State Prison at age 57. He was born and raised in San Francisco, the son of Filipino immigrants. He was a barber, a boxer and a beloved brother. Eric’s older brother Hank brings us this tribute.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">H\u003c/span>\u003c/p>\u003cp>aving an only brother incarcerated for life leaves a hole in your heart. You long for sibling companionship. And guard your secret for fear of shame.\u003c/p>\n\u003cp>Growing up, we collected pollywogs after big rains. We adventured new horizons on bikes, imitated major leaguers in the schoolyard. Life was simple. We happily sang along to Don McLean’s \"American Pie,\" oblivious to the foreshadowing of things to come.\u003c/p>\n\u003cp>By our teenage years, Eric and I drifted in opposite directions. As adults, I only saw him at times of crisis, like when he lost his leg in a tragic car accident, or when I visited him at county jails and hard-to-reach penitentiaries.\u003c/p>\n\u003cfigure id=\"attachment_11869891\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-full wp-image-11869891\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/YoungBrothersAtHome.jpg\" alt=\"\" width=\"800\" height=\"594\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/YoungBrothersAtHome.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/YoungBrothersAtHome-160x119.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Eric and Hank Warner were born just two years apart. Their mom loved to dress them as twins. \u003ccite>(Courtesy Hank Warner)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As he began serving his life sentence, we reconnected through hand-written letters.\u003c/p>\n\u003cp>I committed to helping Eric survive. He needed a life of meaning and purpose. For more than 20 years, we talked about spiritual guidance and emotional fulfillment. Like workout partners, we had a regimen for building his mental and emotional strength.\u003c/p>\n\u003cp>Complete transformation came after he graduated from rehabilitation programs. San Quentin’s intense workshops gave Eric the tools to conquer his demons. He learned how to live a life of redemption.\u003c/p>\n\u003cfigure id=\"attachment_11869808\" class=\"wp-caption alignright\" style=\"max-width: 393px\">\u003cimg class=\"size-full wp-image-11869808\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/20-Ages-31-33-Eric-Hank-Brooklyn-Bridge-NYC.jpeg\" alt=\"\" width=\"393\" height=\"555\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/20-Ages-31-33-Eric-Hank-Brooklyn-Bridge-NYC.jpeg 393w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/20-Ages-31-33-Eric-Hank-Brooklyn-Bridge-NYC-160x226.jpeg 160w\" sizes=\"(max-width: 393px) 100vw, 393px\">\u003cfigcaption class=\"wp-caption-text\">Eric and Hank at the Brooklyn Bridge in New York City. \u003ccite>(Courtesy of Hank Warner.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“E” – as he was known in the pen – studied law in the prison library. He handled his own appeal and successfully reduced his life sentence. But California’s three strikes law, the root problem to over-sentencing and deadly overpopulation in prisons, prevented him from ever seeing freedom.\u003c/p>\n\u003cp>His resolve would not be broken. E used his valuable new skills to help hundreds of incarcerated men fight for their legal rights. He became known as the “Prison Lawyer.”\u003c/p>\n\u003cp>\"Now, think about advocacy from prison,\" said \u003ca href=\"https://www.kqed.org/news/11829407/were-talking-about-human-beings-released-from-san-quentin-adnan-khan-advocates-for-people-still-inside\">Adnan Khan\u003c/a> in a \u003ca href=\"https://www.facebook.com/akhan1437/videos/305013667279266/?d=n\">tribute video to Eric on Facebook.\u003c/a> Khan was formerly incarcerated himself and now runs a national organization called \u003ca href=\"https://restorecal.org/\">Re:Store Justice.\u003c/a>\u003c/p>\n\u003cp>\"From a level-four prison. Doesn't have a law degree. A dude serving a life sentence, but passionate about helping people,\" Khan said. \"He helped others. Never charged no one, and said, 'Just don't forget me when you get out.' That's who Eric was, and is.\"\u003c/p>\n\u003cp>In addition to me, Eric had Amanda, his fiancee.\u003c/p>\n\u003cp>They met when a close friend introduced his sister-in-law to Eric over the phone. Love letters and phone calls quickly ensued. They inspired one another to live with dignity. Amanda had late-stage cancer.\u003c/p>\n\u003cfigure id=\"attachment_11869812\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11869812\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-800x558.jpeg\" alt=\"\" width=\"800\" height=\"558\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-800x558.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-1020x711.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-160x112.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019-1536x1071.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/33-Amandas-Visit-2019.jpeg 1650w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Hank Warner and Eric's fiancee, Amanda, visiting him in San Quentin in 2019. She died soon after this visit. \u003ccite>(Courtesy of Hank Warner.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It was the only time they met in person. It was magical. I had never seen my brother this happy. That was back in 2019.\u003c/p>\n\u003cp>Eric talked about their love story, and read a letter to Amanda, in this documentary called “Resilience” — made by Khan and other incarcerated men learning to be filmmakers inside San Quentin:\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ttDcatgnKKQ'\n title='//www.youtube.com/embed/ttDcatgnKKQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Last summer, when I saw on the news that there was a \u003ca href=\"https://www.kqed.org/news/11826469/shocking-heartbreaking-san-quentin-coronavirus-outbreak-alarms-health-officials\">COVID outbreak in San Quentin\u003c/a>, my heart sank. I didn’t hear from Eric for weeks. We normally talked on the phone every Sunday. But there were no phone calls, no letters, no news.\u003c/p>\n\u003cp>On July 18, 2020, I received a call from a nurse. Eric was hospitalized. He made it out of prison, only to end up in a hospital close to where we grew up. He had been in the ICU for over a week.\u003c/p>\n\u003cp>Facetime was the only way we could visit. Eric’s face, dominated by an air mask, filled my iPad screen. The whooshing sound of the breathing machine drowned out his voice. He gasped for life with every breath. Our visits lasted only a few minutes. I was his cheerleader and soother.\u003c/p>\n\u003cp>It was just the two of us for seven days, and then he passed.\u003c/p>\n\u003cfigure id=\"attachment_11869806\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11869806\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-800x921.jpg\" alt=\"\" width=\"800\" height=\"921\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-800x921.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-1020x1174.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport-160x184.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/04/12-BMX-was-Erics-favorite-sport.jpg 1126w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">BMX was Eric's favorite sport. \u003ccite>(Courtesy of Hank Warner.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Soon after Eric died, I received an overwhelming number of texts and phone messages. Formerly incarcerated men and prison staffers reached out to express their condolences.\u003c/p>\n\u003cp>All had to let me know how much Eric meant to them.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1341868668733456385"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>I couldn’t understand what motivated these people to reach out to me. I didn’t think anyone cared.\u003c/p>\n\u003cp>A few weeks later, these same men organized a memorial to honor my brother. More than a dozen friends from San Quentin showed up. Many more couldn’t be there.\u003c/p>\n\u003cp>\"Eric will always be remembered by friends and family as a kind and warm hearted person. And he was loved by so many,\" said Chanton Bun, his friend and former cellmate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"arts_13889012","hero":"https://ww2.kqed.org/app/uploads/sites/2/2020/11/eric-warner-1920-x-1080-1020x574.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>One by one, each person told me what Eric meant to them; how he helped them survive in prison and prepared them to get out.\u003c/p>\n\u003cp>Then it hit me – my brother helped so many men reach freedom – in every sense. It was like they owed their lives to him. This blew my mind!\u003c/p>\n\u003cp>Now that some time has passed, I am relieved to say that the hole in my heart is mending. I no longer feel ashamed. I admire my brother for shedding past demons and creating a meaningful life by serving others. Eric’s life may have been taken by COVID, but his spirit will live on. He left his legacy.\u003c/p>\n\u003cp>I am proud of my brother Eric William Warner.\u003c/p>\n\u003cp>\u003cem>Hank Warner lives in the Los Angeles area. He shared this tribute to his brother, Eric. \u003c/em>\u003c/p>\n\u003cp>\u003cem>If you’d like to honor a loved one from a vulnerable community who died from COVID, we'd like to give you space to remember them in your own voice. \u003ca href=\"https://www.kqed.org/news/11865034/memorializing-those-lost-to-covid\">Tell us their story\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11869618/he-left-his-legacy-losing-a-brother-to-covid-in-san-quentin","authors":["byline_news_11869618"],"programs":["news_26731"],"categories":["news_457","news_6188","news_8"],"tags":["news_29216","news_29360","news_18538","news_29364","news_28005","news_29358","news_29365","news_5056","news_6327","news_4","news_30634","news_22012","news_1773","news_3930","news_29361","news_38","news_23","news_1331"],"featImg":"news_11869875","label":"news_26731"},"news_11844914":{"type":"posts","id":"news_11844914","meta":{"index":"posts_1591205157","site":"news","id":"11844914","score":null,"sort":[1604350773000]},"guestAuthors":[],"slug":"prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes","title":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes","publishDate":1604350773,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Among the dozen ballot measures facing California voters this year is \u003ca href=\"https://www.kqed.org/voterguide/proposition-20-crime-prosecutors-law-enforcement\">Proposition 20\u003c/a>, which seeks to roll back a series of criminal justice reforms passed over the last decade.\u003c/p>\n\u003cp>Proposition 20 would increase penalties on some theft and fraud crimes and require people convicted of some misdemeanors to submit their DNA to a state database. It would also add more than a dozen new crimes to the list of what’s considered “violent” in California.\u003c/p>\n\u003cp>You could call it a “tough-on-crime” measure, but proponents of it are avoiding that rhetoric.\u003c/p>\n\u003cp>\"This initiative does not increase the prison population,\" said Richard Temple, a political consultant for Proposition 20.\u003c/p>\n\u003cp>That’s because the way Californians talk — and think — about criminal justice has shifted dramatically in the past few decades.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Fernando Guerra, Loyola Marymount University political science professor\"]'It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat.'[/pullquote]\u003c/p>\n\u003cp>In the 1990s, California led the nation in passing a spate of strict sentencing laws.\u003c/p>\n\u003cp>One of the harshest and most recognizable laws of that era was the 1994 three strikes law. The law put people in state prisons for decades after committing a third offense, even if it was a nonviolent crime. It passed with bipartisan support.\u003c/p>\n\u003cp>“It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat,” said Fernando Guerra, a political science professor at Loyola Marymount University.\u003c/p>\n\u003cp>As the state packed its prisons and spending ballooned, however, public sentiment slowly began to change.\u003c/p>\n\u003cp>In 2011, when the U.S. Supreme Court ruled that prisons were so overcrowded that conditions inside were unconstitutional, the state finally acted.\u003c/p>\n\u003cp>First, lawmakers passed a bill mandating jail, instead of prison time, for most nonviolent crimes. Then in 2014, voters passed Proposition 47, decreasing penalties for drug use and petty theft.\u003c/p>\n\u003cp>Two years later, voters passed Proposition 57, letting thousands of prisoners qualify for early parole.\u003c/p>\n\u003cp>All of the changes were approved over the objections of law enforcement, who warned they’d lead to spikes in crime. Supporters of those measures say that never happened.\u003c/p>\n\u003cp>“You're in the midst right now of monumental decline in crime here in California,” said Maureen Washburn, a policy analyst at the Center on Juvenile and Criminal Justice, which advocates for less incarceration.\u003c/p>\n\u003cp>“In 2019, we actually reached the lowest level of crime in California in 50 years,” she added.\u003c/p>\n\u003cp>However, those pushing a rollback of the reforms say there’s at least one area where crime has continued to climb: theft.\u003c/p>\n\u003cp>Proposition 20 consultant Temple said theft has increased by 30% since Proposition 47 passed.\u003c/p>\n\u003cp>Proposition 20 would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation. And adding crimes such as domestic violence and rape of an unconscious person to the list of violent crimes would prevent thousands of prisoners from being considered for early parole.\u003c/p>\n\u003cp>Temple said it’s a simple concept: People who have committed violent crimes shouldn’t be eligible for early release.\u003c/p>\n\u003cp>However, in this moment of racial reckoning and amid calls for more oversight of police and prisons, Temple and other Proposition 20 proponents are quick to contend that the measure won’t send any new people to prison.\u003c/p>\n\u003cp>“It's written there that no matter what your theft, nobody goes to prison for stealing in a store, for shoplifting,” he said. “They won't go to prison. That's in the initiative. It cannot happen, and it won’t.”\u003c/p>\n\u003cp>Technically, he’s right: Proposition 20 would likely send more people to county jails, not state prisons, while keeping some people in prison longer. However, for a ballot measure backed by prosecutors and police, the emphasis on keeping people out of prison is a noticeable shift away from “lock them up and throw away the key.\"\u003c/p>\n\u003cp>Temple also says Proposition 20 would help people with drug and mental health problems that are falling through the cracks. Many critics of Proposition 47 have complained for years that after the measure passed, prosecutors and courts lost leverage to push people into treatment. That's because without the threat of jail time, some offenders would just take a misdemeanor conviction instead of agreeing to participate in rehabilitation programs to avoid jail.\u003c/p>\n\u003cp>“How is this taking care of them — by letting them over and over steal and not get treatment?” Temple said.\u003c/p>\n\u003cp>[aside tag=\"election-2020\" label=\"election 2020 coverage\"]\u003c/p>\n\u003cp>Guerra said this shift in language reflects the evolution that the state has gone through — voters aren't willing to simply take law enforcement's word for it that harsher laws are necessary.\u003c/p>\n\u003cp>“You say ‘law and order’ now, people ask, ‘OK, what does that mean?’ ” Guerra said. “In California and many progressive states, we're not going to accept the slogan ‘law and order’ without some meat on it.”\u003c/p>\n\u003cp>Opponents of Proposition 20 argue that despite the softer rhetoric from the other side, this is just the same playbook with a different script. They contend that the measure would likely undercut rehabilitation by redirecting money from community-based programs back to locking people up.\u003c/p>\n\u003cp>“Now is the time to go further with reform. But what Prop. 20 does is seek to send us back,” said Lenore Anderson, who helped to write some of the reforms that Proposition 20 is seeking to roll back. “Prop. 20 is an effort to return California to its tough-on-crime, mass incarceration past.”\u003c/p>\n\u003cp>Ultimately, it’ll be up to the voters to decide whether California has become too lenient, but Guerra said that if Proposition 20 passes, it will send an important message.\u003c/p>\n\u003cp>“Clearly, there's been tremendous momentum from the criminal justice proponents,\" he said. But if Proposition 20 passes, Guerra said, it would indicate that voters think the reforms have gone too far.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>If Proposition 20 fails, it could be that the criminal justice reforms are here to stay.\u003c/p>\n\n","blocks":[],"excerpt":"Supporters of stricter sentencing laws aren't using the \"tough-on-crime\" playbook this election, but are talking about the need for rehabilitation and keeping people out of prison.","status":"publish","parent":0,"modified":1604363126,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1100},"headData":{"title":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes | KQED","description":"Supporters of stricter sentencing laws aren't using the "tough-on-crime" playbook this election, but are talking about the need for rehabilitation and keeping people out of prison.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes","datePublished":"2020-11-02T20:59:33.000Z","dateModified":"2020-11-03T00:25:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11844914 https://ww2.kqed.org/news/?p=11844914","disqusUrl":"https://ww2.kqed.org/news/2020/11/02/prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes/","disqusTitle":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes","path":"/news/11844914/prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Among the dozen ballot measures facing California voters this year is \u003ca href=\"https://www.kqed.org/voterguide/proposition-20-crime-prosecutors-law-enforcement\">Proposition 20\u003c/a>, which seeks to roll back a series of criminal justice reforms passed over the last decade.\u003c/p>\n\u003cp>Proposition 20 would increase penalties on some theft and fraud crimes and require people convicted of some misdemeanors to submit their DNA to a state database. It would also add more than a dozen new crimes to the list of what’s considered “violent” in California.\u003c/p>\n\u003cp>You could call it a “tough-on-crime” measure, but proponents of it are avoiding that rhetoric.\u003c/p>\n\u003cp>\"This initiative does not increase the prison population,\" said Richard Temple, a political consultant for Proposition 20.\u003c/p>\n\u003cp>That’s because the way Californians talk — and think — about criminal justice has shifted dramatically in the past few decades.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Fernando Guerra, Loyola Marymount University political science professor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the 1990s, California led the nation in passing a spate of strict sentencing laws.\u003c/p>\n\u003cp>One of the harshest and most recognizable laws of that era was the 1994 three strikes law. The law put people in state prisons for decades after committing a third offense, even if it was a nonviolent crime. It passed with bipartisan support.\u003c/p>\n\u003cp>“It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat,” said Fernando Guerra, a political science professor at Loyola Marymount University.\u003c/p>\n\u003cp>As the state packed its prisons and spending ballooned, however, public sentiment slowly began to change.\u003c/p>\n\u003cp>In 2011, when the U.S. Supreme Court ruled that prisons were so overcrowded that conditions inside were unconstitutional, the state finally acted.\u003c/p>\n\u003cp>First, lawmakers passed a bill mandating jail, instead of prison time, for most nonviolent crimes. Then in 2014, voters passed Proposition 47, decreasing penalties for drug use and petty theft.\u003c/p>\n\u003cp>Two years later, voters passed Proposition 57, letting thousands of prisoners qualify for early parole.\u003c/p>\n\u003cp>All of the changes were approved over the objections of law enforcement, who warned they’d lead to spikes in crime. Supporters of those measures say that never happened.\u003c/p>\n\u003cp>“You're in the midst right now of monumental decline in crime here in California,” said Maureen Washburn, a policy analyst at the Center on Juvenile and Criminal Justice, which advocates for less incarceration.\u003c/p>\n\u003cp>“In 2019, we actually reached the lowest level of crime in California in 50 years,” she added.\u003c/p>\n\u003cp>However, those pushing a rollback of the reforms say there’s at least one area where crime has continued to climb: theft.\u003c/p>\n\u003cp>Proposition 20 consultant Temple said theft has increased by 30% since Proposition 47 passed.\u003c/p>\n\u003cp>Proposition 20 would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation. And adding crimes such as domestic violence and rape of an unconscious person to the list of violent crimes would prevent thousands of prisoners from being considered for early parole.\u003c/p>\n\u003cp>Temple said it’s a simple concept: People who have committed violent crimes shouldn’t be eligible for early release.\u003c/p>\n\u003cp>However, in this moment of racial reckoning and amid calls for more oversight of police and prisons, Temple and other Proposition 20 proponents are quick to contend that the measure won’t send any new people to prison.\u003c/p>\n\u003cp>“It's written there that no matter what your theft, nobody goes to prison for stealing in a store, for shoplifting,” he said. “They won't go to prison. That's in the initiative. It cannot happen, and it won’t.”\u003c/p>\n\u003cp>Technically, he’s right: Proposition 20 would likely send more people to county jails, not state prisons, while keeping some people in prison longer. However, for a ballot measure backed by prosecutors and police, the emphasis on keeping people out of prison is a noticeable shift away from “lock them up and throw away the key.\"\u003c/p>\n\u003cp>Temple also says Proposition 20 would help people with drug and mental health problems that are falling through the cracks. Many critics of Proposition 47 have complained for years that after the measure passed, prosecutors and courts lost leverage to push people into treatment. That's because without the threat of jail time, some offenders would just take a misdemeanor conviction instead of agreeing to participate in rehabilitation programs to avoid jail.\u003c/p>\n\u003cp>“How is this taking care of them — by letting them over and over steal and not get treatment?” Temple said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"election-2020","label":"election 2020 coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Guerra said this shift in language reflects the evolution that the state has gone through — voters aren't willing to simply take law enforcement's word for it that harsher laws are necessary.\u003c/p>\n\u003cp>“You say ‘law and order’ now, people ask, ‘OK, what does that mean?’ ” Guerra said. “In California and many progressive states, we're not going to accept the slogan ‘law and order’ without some meat on it.”\u003c/p>\n\u003cp>Opponents of Proposition 20 argue that despite the softer rhetoric from the other side, this is just the same playbook with a different script. They contend that the measure would likely undercut rehabilitation by redirecting money from community-based programs back to locking people up.\u003c/p>\n\u003cp>“Now is the time to go further with reform. But what Prop. 20 does is seek to send us back,” said Lenore Anderson, who helped to write some of the reforms that Proposition 20 is seeking to roll back. “Prop. 20 is an effort to return California to its tough-on-crime, mass incarceration past.”\u003c/p>\n\u003cp>Ultimately, it’ll be up to the voters to decide whether California has become too lenient, but Guerra said that if Proposition 20 passes, it will send an important message.\u003c/p>\n\u003cp>“Clearly, there's been tremendous momentum from the criminal justice proponents,\" he said. But if Proposition 20 passes, Guerra said, it would indicate that voters think the reforms have gone too far.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If Proposition 20 fails, it could be that the criminal justice reforms are here to stay.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11844914/prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes","authors":["11523"],"categories":["news_6188","news_8","news_13"],"tags":["news_27540","news_27508","news_18538","news_22276","news_27370","news_17968","news_283","news_18502","news_18418","news_1331"],"featImg":"news_11844944","label":"news"},"news_83363":{"type":"posts","id":"news_83363","meta":{"index":"posts_1591205157","site":"news","id":"83363","score":null,"sort":[1355951278000]},"guestAuthors":[],"slug":"prosecutors-opposition-could-limit-release-of-third-strike-inmates","title":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates","publishDate":1355951278,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cem>by Michael Montgomery, \u003ca href=\"http://californiawatch.org/dailyreport/prosecutors-opposition-could-limit-release-third-strike-inmates-18755\" target=\"_blank\">California Watch\u003c/a>\u003c/em>\u003c/p>\n\u003cp>State inmates serving life terms are starting to file resentencing petitions with local judges following the passage of Proposition 36, the ballot measure that overhauls California's controversial three strikes law. But opposition from local prosecutors and other factors could limit the number of qualifying inmates who actually get released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794.jpg\">\u003cimg class=\"alignleft size-medium wp-image-36359\" title=\"Supreme Court To Rule On California's Overcrowded Prisons\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794-300x202.jpg\" alt=\"\" width=\"300\" height=\"202\">\u003c/a>Scott Thorpe, CEO of the California District Attorneys Association, said his organization is recommending that district attorneys file subpoenas for the prison records of inmates seeking a resentencing hearing so they can scrutinize everything from the offenders’ health and psychological profile to their participation in rehabilitation programs.\u003c/p>\n\u003cp>“We’re arguing that everything should be taken into consideration,” he said. “If they haven’t taken advantage of programs that were available to them, we’re saying that’s a relevant fact in determining whether this is a responsible person to go out into society.\"\u003c/p>\n\u003cp>Prop. 36 allows sentence reductions for inmates convicted under the original 1994 law if their third strike was not a serious or violent felony (as defined by the California Penal Code) and their prior convictions did not include rape, murder, child molestation or other grave crimes. \u003c!--more-->Some 2,800 inmates serving life terms could be eligible for shorter sentences or release under the measure, according to \u003ca href=\"https://www.documentcloud.org/documents/541374-prop36countyestimates.html\" target=\"_blank\">data\u003c/a> from the state Department of Corrections and Rehabilitation. Of those offenders, nearly 70 percent originally were sentenced in five counties: Los Angeles, Kern, San Bernardino, Riverside and San Diego.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Resentencing is not automatic. The measure gives judges discretion to consider a host of factors to determine whether an offender poses an “unreasonable risk” to public safety and should remain in prison. Those factors include the types of previous crimes, injuries to victims, lengths of prior prison terms, disciplinary and rehabilitation records in prison, and any other evidence the court deems relevant.\u003c/p>\n\u003cp>Opponents of Prop. 36 have argued that the measure was unnecessary because judges already have discretion to impose lighter sentences. They also criticized the initiative for allowing inmates who committed violent crimes prior to their final strike to qualify for possible release.\u003c/p>\n\u003cp>Thorpe said the measure is putting a heavy burden on prosecutors to pull together all the pertinent records to determine the level of risk an offender poses.\u003c/p>\n\u003cp>“The district attorneys have that responsibility for saying, ‘Hey, this guy is or is not a danger to public safety,' ” he said.\u003c/p>\n\u003cp>Public defenders' offices around the state also are bracing for a heavy workload, especially if a large number of petitions are challenged.\u003c/p>\n\u003cp>\"The costs could grow significantly,\" said Laura Hoffman, chief deputy public defender for San Bernardino County.\u003c/p>\n\u003cp>Prop. 36 provides little guidance on how the petition process should be conducted, though it specifies that inmates must file their petitions by November 2015. In recent weeks, prosecutors and defense attorneys around the state have been working with corrections officials to create a system to locate, copy and transfer inmates' prison records to local courts assigned to evaluate the petitions.\u003c/p>\n\u003cp>In some cases, the records go back decades and are kept only on paper. In San Bernardino County, prosecutors have filed subpoenas seeking records on 16 inmates, according to corrections spokeswoman Terry Thornton.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen, who publicly supported Prop. 36, said his office also is requesting prison records for all third-strike inmates seeking new sentences. Rosen said that of the 120 to 130 inmates who likely will qualify under the measure, more than half could win reduced sentences, leaving a significant minority that will remain behind bars for the duration of their terms.\u003c/p>\n\u003cp>“I believe that Proposition 36 balances individual fairness with public safety,” Rosen said.\u003c/p>\n\u003cp>District attorneys in Orange and Kern counties declined to comment on how they were implementing Prop. 36.\u003c/p>\n\u003cp>But lawyers representing third-strikers expressed concern that challenges over prison records could create a bottleneck in the petition process and long delays for some inmates who are eligible for release. Michael Romano, a Prop. 36 co-author who directs a law clinic at Stanford University, said another challenge is ensuring that every inmate who qualifies under the statute receives adequate representation and has a transition plan for life after prison.\u003c/p>\n\u003cp>\"Their lives are on the line,\" he said. \"This is their last, best chance of getting out of prison, reuniting with their families and getting to put their lives back together.\"\u003c/p>\n\u003cp>While some petitions might be unopposed, Romano said, a \"large number of cases are going to be contentious.\"\u003c/p>\n\u003cp>\"We are not expecting that prosecutors are going to roll over,\" he said. \"We are loading for bear.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"640\" height=\"600\" scrolling=\"no\" frameborder=\"no\" src=\"https://www.google.com/fusiontables/embedviz?viz=MAP&q=select+col2%3E%3E1+from+1cEbJ3xTeC-5ETWGdFnF2vMPAGq-i67SRK239Ybk&h=false&lat=37.29922349623006&lng=-119.65726290624995&z=6&t=1&l=col2%3E%3E1&y=5&tmplt=2\">\u003c/iframe>\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\" alt=\"\" title=\"prisonersforrelease-key\" width=\"630\" height=\"100\" class=\"aligncenter size-full wp-image-83409\">\u003c/a>\u003cbr>\n\u003cem>Michael Montgomery is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a> and KQED News\u003c/em>.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1355957555,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":793},"headData":{"title":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates | KQED","description":"by Michael Montgomery, California Watch State inmates serving life terms are starting to file resentencing petitions with local judges following the passage of Proposition 36, the ballot measure that overhauls California's controversial three strikes law. But opposition from local prosecutors and other factors could limit the number of qualifying inmates who actually get released. Scott","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates","datePublished":"2012-12-19T21:07:58.000Z","dateModified":"2012-12-19T22:52:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"83363 http://ww2.kqed.org/news/?p=83363","disqusUrl":"https://ww2.kqed.org/news/2012/12/19/prosecutors-opposition-could-limit-release-of-third-strike-inmates/","disqusTitle":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates","path":"/news/83363/prosecutors-opposition-could-limit-release-of-third-strike-inmates","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Michael Montgomery, \u003ca href=\"http://californiawatch.org/dailyreport/prosecutors-opposition-could-limit-release-third-strike-inmates-18755\" target=\"_blank\">California Watch\u003c/a>\u003c/em>\u003c/p>\n\u003cp>State inmates serving life terms are starting to file resentencing petitions with local judges following the passage of Proposition 36, the ballot measure that overhauls California's controversial three strikes law. But opposition from local prosecutors and other factors could limit the number of qualifying inmates who actually get released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794.jpg\">\u003cimg class=\"alignleft size-medium wp-image-36359\" title=\"Supreme Court To Rule On California's Overcrowded Prisons\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794-300x202.jpg\" alt=\"\" width=\"300\" height=\"202\">\u003c/a>Scott Thorpe, CEO of the California District Attorneys Association, said his organization is recommending that district attorneys file subpoenas for the prison records of inmates seeking a resentencing hearing so they can scrutinize everything from the offenders’ health and psychological profile to their participation in rehabilitation programs.\u003c/p>\n\u003cp>“We’re arguing that everything should be taken into consideration,” he said. “If they haven’t taken advantage of programs that were available to them, we’re saying that’s a relevant fact in determining whether this is a responsible person to go out into society.\"\u003c/p>\n\u003cp>Prop. 36 allows sentence reductions for inmates convicted under the original 1994 law if their third strike was not a serious or violent felony (as defined by the California Penal Code) and their prior convictions did not include rape, murder, child molestation or other grave crimes. \u003c!--more-->Some 2,800 inmates serving life terms could be eligible for shorter sentences or release under the measure, according to \u003ca href=\"https://www.documentcloud.org/documents/541374-prop36countyestimates.html\" target=\"_blank\">data\u003c/a> from the state Department of Corrections and Rehabilitation. Of those offenders, nearly 70 percent originally were sentenced in five counties: Los Angeles, Kern, San Bernardino, Riverside and San Diego.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Resentencing is not automatic. The measure gives judges discretion to consider a host of factors to determine whether an offender poses an “unreasonable risk” to public safety and should remain in prison. Those factors include the types of previous crimes, injuries to victims, lengths of prior prison terms, disciplinary and rehabilitation records in prison, and any other evidence the court deems relevant.\u003c/p>\n\u003cp>Opponents of Prop. 36 have argued that the measure was unnecessary because judges already have discretion to impose lighter sentences. They also criticized the initiative for allowing inmates who committed violent crimes prior to their final strike to qualify for possible release.\u003c/p>\n\u003cp>Thorpe said the measure is putting a heavy burden on prosecutors to pull together all the pertinent records to determine the level of risk an offender poses.\u003c/p>\n\u003cp>“The district attorneys have that responsibility for saying, ‘Hey, this guy is or is not a danger to public safety,' ” he said.\u003c/p>\n\u003cp>Public defenders' offices around the state also are bracing for a heavy workload, especially if a large number of petitions are challenged.\u003c/p>\n\u003cp>\"The costs could grow significantly,\" said Laura Hoffman, chief deputy public defender for San Bernardino County.\u003c/p>\n\u003cp>Prop. 36 provides little guidance on how the petition process should be conducted, though it specifies that inmates must file their petitions by November 2015. In recent weeks, prosecutors and defense attorneys around the state have been working with corrections officials to create a system to locate, copy and transfer inmates' prison records to local courts assigned to evaluate the petitions.\u003c/p>\n\u003cp>In some cases, the records go back decades and are kept only on paper. In San Bernardino County, prosecutors have filed subpoenas seeking records on 16 inmates, according to corrections spokeswoman Terry Thornton.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen, who publicly supported Prop. 36, said his office also is requesting prison records for all third-strike inmates seeking new sentences. Rosen said that of the 120 to 130 inmates who likely will qualify under the measure, more than half could win reduced sentences, leaving a significant minority that will remain behind bars for the duration of their terms.\u003c/p>\n\u003cp>“I believe that Proposition 36 balances individual fairness with public safety,” Rosen said.\u003c/p>\n\u003cp>District attorneys in Orange and Kern counties declined to comment on how they were implementing Prop. 36.\u003c/p>\n\u003cp>But lawyers representing third-strikers expressed concern that challenges over prison records could create a bottleneck in the petition process and long delays for some inmates who are eligible for release. Michael Romano, a Prop. 36 co-author who directs a law clinic at Stanford University, said another challenge is ensuring that every inmate who qualifies under the statute receives adequate representation and has a transition plan for life after prison.\u003c/p>\n\u003cp>\"Their lives are on the line,\" he said. \"This is their last, best chance of getting out of prison, reuniting with their families and getting to put their lives back together.\"\u003c/p>\n\u003cp>While some petitions might be unopposed, Romano said, a \"large number of cases are going to be contentious.\"\u003c/p>\n\u003cp>\"We are not expecting that prosecutors are going to roll over,\" he said. \"We are loading for bear.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"640\" height=\"600\" scrolling=\"no\" frameborder=\"no\" src=\"https://www.google.com/fusiontables/embedviz?viz=MAP&q=select+col2%3E%3E1+from+1cEbJ3xTeC-5ETWGdFnF2vMPAGq-i67SRK239Ybk&h=false&lat=37.29922349623006&lng=-119.65726290624995&z=6&t=1&l=col2%3E%3E1&y=5&tmplt=2\">\u003c/iframe>\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\" alt=\"\" title=\"prisonersforrelease-key\" width=\"630\" height=\"100\" class=\"aligncenter size-full wp-image-83409\">\u003c/a>\u003cbr>\n\u003cem>Michael Montgomery is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a> and KQED News\u003c/em>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/83363/prosecutors-opposition-could-limit-release-of-third-strike-inmates","authors":["236"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1471","news_3611","news_1331"],"label":"news_6944"},"news_77201":{"type":"posts","id":"news_77201","meta":{"index":"posts_1591205157","site":"news","id":"77201","score":null,"sort":[1349105338000]},"guestAuthors":[],"slug":"a-m-splash-208","title":"A.M. Splash: Plastic Bag Ban Starts in SF; More Rich Live in High-Tax States; Prison Reform Results Mixed; Voters Favor 3-Strikes Reform","publishDate":1349105338,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cul>\n\u003cli>\n\u003c/li>\u003cli>\u003ca href=\"http://blog.sfgate.com/cityinsider/2012/09/29/expanded-plastic-bag-ban-takes-effect-monday/\">Expanded plastic bag ban takes effect Monday\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp> There’s one more thing San Franciscans need to add to their shopping list or pay up- a reusable bag. On Monday, the city’s checkout ordinance ban signed into law in February takes effect, banning plastic bags at all retail stores and imposing a 10-cent charge for all other bags handed out by the store. Next October, the ban will extend to restaurants too.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/crime/article/Prison-reforms-results-mixed-after-year-3907655.php\">Prison reforms' results mixed after year\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp> One year after Gov. Jerry Brown's prison realignment program took effect, there is one thing everyone can agree on: California has a smaller prison population. But there is a broad difference of opinion about whether the plan, which handed California's 58 counties responsibility for the incarceration and oversight of thousands of criminals, has made communities safer or reduced the number of criminals who re-offend, and there is no statewide data on those outcomes.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21669796/oakland-dance-music-show-prompts-flood-noise-complaints\">Oakland dance music show prompts flood of noise complaints to police\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>A late-night musical event at the Oakland Coliseum flooded police phones with hundreds of noise complaints from Oakland, Alameda and San Leandro Saturday night and Sunday morning, prompting stadium officials to issue an apology Sunday evening. The \"Beyond Wonderland\" event, a dance music festival featuring extensive light shows, theatrical performers and carnival rides, was held in the Coliseum complex's south parking lot. The show -- produced by electronic dance music promoters Insomniac Events -- was billed to run from 6 p.m. Saturday to 2 a.m. Sunday.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21668441/californians-favor-change-three-strikes-law-but-not\">Californians favor change of three-strikes law but not death penalty\u003c/a> (LA Times)\u003cbr>\n\u003cblockquote>\u003cp>California voters support easing the state's tough three-strikes sentencing law by more than 3 to 1 but are reluctant to abolish the death penalty, according to a University of Southern California Dornsife/Los Angeles Times poll. The poll results come as voters ponder two ballot measures that, if approved, would make the most sweeping changes to the state's criminal justice system in decades. Support for an initiative that aims to replace capital punishment with life in prison without parole is trailing 38 percent to 51 percent, the poll found. But that gap narrows to a statistical dead heat when voters learn that Proposition 34 also requires convicted killers to work while in prison, directs their earnings to their victims and earmarks $100 million for police to solve murders and rapes.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/elections/ci_21668375/superrich-stay-put-high-tax-states-like-california\"> Superrich stay put in high-tax states like California\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>Some of us might love to hate 'em, but we need millionaires in California -- or we'd lose tens of billions of dollars in tax revenue that pays for things like education and public safety. So should we be freaking out that rich people will flee the Golden State if we vote to hike their taxes by passing either Proposition 30 or 38 in November? Maybe not. An analysis by this newspaper of IRS tax-return data shows that states that charge high income taxes -- from California to New York to New Jersey -- are home to the highest number of rich people per capita. And two-thirds of the states that don't charge any income taxes actually have fewer numbers of millionaire residents per capita, the analysis shows.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21663190/bay-area-burmese-community-gives-aung-san-suu\">Bay Area Burmese community gives Aung San Suu Kyi a rock-star welcome in San Francisco\u003c/a> (SJ Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>In a gathering tinged with both a global sense of gravity and emotional intimacy, the Bay Area's Burmese refugee community gave freedom fighter Aung San Suu Kyi a rock-star welcome Saturday, greeting the Nobel Peace Prize-winner with the warm embrace of a family reunited after being split asunder by history and fate. On her first visit here in more than four decades, the longtime democracy activist who after 15 years of house arrest was elected this past spring to the Myanmar parliament was visibly moved by the adoring crowd of 5,000 who joined her in a town hall-style gathering at the University of San Francisco. And the crowd was clearly moved by her.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21662064/at-68-oracles-flamboyant-multibillionaire-ceo-larry-ellison\">At 68, Oracle's flamboyant, multibillionaire CEO Larry Ellison still going strong\u003c/a> (SJ Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>Rising from a college dropout who was derided as a failure by his adopted dad to the world's sixth richest man, Oracle (ORCL) CEO Larry Ellison has earned the right to retire after shepherding his company for 35 years into one of the biggest tech enterprises on Earth. Ellison, who just turned 68 and is among the planet's most recognizable billionaires, has plenty besides work to keep himself busy, including his fast cars, jets, yacht racing and a newly purchased Hawaiian island. But given his ambitious goals for the corporation -- and the tough competition it faces -- industry observers say he's unlikely to call it quits.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/bayarea/article/Bay-Area-oven-is-cookin-3908730.php\">Bay Area oven is cookin'\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>Sunday was hot, forecasters said. Monday will be even hotter - the warmest day since June 16. \"Monday will be the hottest day in this warm stretch,\" said Steve Anderson, a forecaster with the National Weather Service. \"This will be day two of the heat, which usually comes in three-day spells.\"\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.marinij.com/sanrafael/ci_21654701/san-rafael-officials-consider-strict-smoking-rules?IADID=Search-www.marinij.com-www.marinij.com\">San Rafael officials to consider strict smoking rules\u003c/a> (Marin Independent Journal)\u003cbr>\n\u003cblockquote>\u003cp>In the latest effort to reduce secondhand smoke in Marin, officials in San Rafael on Monday will consider the county's most strict anti-smoking ordinance to date. The ordinance would ban smoking from all apartments and condominiums, in addition to many outdoor spaces such as parks, bus stops and restaurant patios. Downtown sidewalks and plazas would also be off limits, but smoking would be allowed in those areas \"while actively passing on the way to another destination,\" according to a draft ordinance.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cp>\u003ca href=\"http://www.sfgate.com/bayarea/article/Big-WWII-era-gun-comes-to-Golden-Gate-3907659.php\">Big WWII-era gun comes to Golden Gate\u003c/a> (SF Chronicle) \u003c/p>\n\u003cblockquote>\u003cp>One of the largest American naval guns ever built was parked by the side of the road at Fort Cronkhite in the Marin Headlands through the weekend, on its way to be the centerpiece of a display of historic fortifications that protected San Francisco Bay in World War II.\n\u003c/p>\u003c/blockquote>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1349108446,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":1021},"headData":{"title":"A.M. Splash: Plastic Bag Ban Starts in SF; More Rich Live in High-Tax States; Prison Reform Results Mixed; Voters Favor 3-Strikes Reform | KQED","description":"Expanded plastic bag ban takes effect Monday (SF Chronicle) There’s one more thing San Franciscans need to add to their shopping list or pay up- a reusable bag. On Monday, the city’s checkout ordinance ban signed into law in February takes effect, banning plastic bags at all retail stores and imposing a 10-cent charge for","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"A.M. Splash: Plastic Bag Ban Starts in SF; More Rich Live in High-Tax States; Prison Reform Results Mixed; Voters Favor 3-Strikes Reform","datePublished":"2012-10-01T15:28:58.000Z","dateModified":"2012-10-01T16:20:46.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"77201 http://ww2.kqed.org/news/?p=77201","disqusUrl":"https://ww2.kqed.org/news/2012/10/01/a-m-splash-208/","disqusTitle":"A.M. Splash: Plastic Bag Ban Starts in SF; More Rich Live in High-Tax States; Prison Reform Results Mixed; Voters Favor 3-Strikes Reform","path":"/news/77201/a-m-splash-208","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cul>\n\u003cli>\n\u003c/li>\u003cli>\u003ca href=\"http://blog.sfgate.com/cityinsider/2012/09/29/expanded-plastic-bag-ban-takes-effect-monday/\">Expanded plastic bag ban takes effect Monday\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp> There’s one more thing San Franciscans need to add to their shopping list or pay up- a reusable bag. On Monday, the city’s checkout ordinance ban signed into law in February takes effect, banning plastic bags at all retail stores and imposing a 10-cent charge for all other bags handed out by the store. Next October, the ban will extend to restaurants too.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/crime/article/Prison-reforms-results-mixed-after-year-3907655.php\">Prison reforms' results mixed after year\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp> One year after Gov. Jerry Brown's prison realignment program took effect, there is one thing everyone can agree on: California has a smaller prison population. But there is a broad difference of opinion about whether the plan, which handed California's 58 counties responsibility for the incarceration and oversight of thousands of criminals, has made communities safer or reduced the number of criminals who re-offend, and there is no statewide data on those outcomes.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21669796/oakland-dance-music-show-prompts-flood-noise-complaints\">Oakland dance music show prompts flood of noise complaints to police\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>A late-night musical event at the Oakland Coliseum flooded police phones with hundreds of noise complaints from Oakland, Alameda and San Leandro Saturday night and Sunday morning, prompting stadium officials to issue an apology Sunday evening. The \"Beyond Wonderland\" event, a dance music festival featuring extensive light shows, theatrical performers and carnival rides, was held in the Coliseum complex's south parking lot. The show -- produced by electronic dance music promoters Insomniac Events -- was billed to run from 6 p.m. Saturday to 2 a.m. Sunday.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21668441/californians-favor-change-three-strikes-law-but-not\">Californians favor change of three-strikes law but not death penalty\u003c/a> (LA Times)\u003cbr>\n\u003cblockquote>\u003cp>California voters support easing the state's tough three-strikes sentencing law by more than 3 to 1 but are reluctant to abolish the death penalty, according to a University of Southern California Dornsife/Los Angeles Times poll. The poll results come as voters ponder two ballot measures that, if approved, would make the most sweeping changes to the state's criminal justice system in decades. Support for an initiative that aims to replace capital punishment with life in prison without parole is trailing 38 percent to 51 percent, the poll found. But that gap narrows to a statistical dead heat when voters learn that Proposition 34 also requires convicted killers to work while in prison, directs their earnings to their victims and earmarks $100 million for police to solve murders and rapes.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/elections/ci_21668375/superrich-stay-put-high-tax-states-like-california\"> Superrich stay put in high-tax states like California\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>Some of us might love to hate 'em, but we need millionaires in California -- or we'd lose tens of billions of dollars in tax revenue that pays for things like education and public safety. So should we be freaking out that rich people will flee the Golden State if we vote to hike their taxes by passing either Proposition 30 or 38 in November? Maybe not. An analysis by this newspaper of IRS tax-return data shows that states that charge high income taxes -- from California to New York to New Jersey -- are home to the highest number of rich people per capita. And two-thirds of the states that don't charge any income taxes actually have fewer numbers of millionaire residents per capita, the analysis shows.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21663190/bay-area-burmese-community-gives-aung-san-suu\">Bay Area Burmese community gives Aung San Suu Kyi a rock-star welcome in San Francisco\u003c/a> (SJ Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>In a gathering tinged with both a global sense of gravity and emotional intimacy, the Bay Area's Burmese refugee community gave freedom fighter Aung San Suu Kyi a rock-star welcome Saturday, greeting the Nobel Peace Prize-winner with the warm embrace of a family reunited after being split asunder by history and fate. On her first visit here in more than four decades, the longtime democracy activist who after 15 years of house arrest was elected this past spring to the Myanmar parliament was visibly moved by the adoring crowd of 5,000 who joined her in a town hall-style gathering at the University of San Francisco. And the crowd was clearly moved by her.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland-tribune/ci_21662064/at-68-oracles-flamboyant-multibillionaire-ceo-larry-ellison\">At 68, Oracle's flamboyant, multibillionaire CEO Larry Ellison still going strong\u003c/a> (SJ Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>Rising from a college dropout who was derided as a failure by his adopted dad to the world's sixth richest man, Oracle (ORCL) CEO Larry Ellison has earned the right to retire after shepherding his company for 35 years into one of the biggest tech enterprises on Earth. Ellison, who just turned 68 and is among the planet's most recognizable billionaires, has plenty besides work to keep himself busy, including his fast cars, jets, yacht racing and a newly purchased Hawaiian island. But given his ambitious goals for the corporation -- and the tough competition it faces -- industry observers say he's unlikely to call it quits.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/bayarea/article/Bay-Area-oven-is-cookin-3908730.php\">Bay Area oven is cookin'\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>Sunday was hot, forecasters said. Monday will be even hotter - the warmest day since June 16. \"Monday will be the hottest day in this warm stretch,\" said Steve Anderson, a forecaster with the National Weather Service. \"This will be day two of the heat, which usually comes in three-day spells.\"\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.marinij.com/sanrafael/ci_21654701/san-rafael-officials-consider-strict-smoking-rules?IADID=Search-www.marinij.com-www.marinij.com\">San Rafael officials to consider strict smoking rules\u003c/a> (Marin Independent Journal)\u003cbr>\n\u003cblockquote>\u003cp>In the latest effort to reduce secondhand smoke in Marin, officials in San Rafael on Monday will consider the county's most strict anti-smoking ordinance to date. The ordinance would ban smoking from all apartments and condominiums, in addition to many outdoor spaces such as parks, bus stops and restaurant patios. Downtown sidewalks and plazas would also be off limits, but smoking would be allowed in those areas \"while actively passing on the way to another destination,\" according to a draft ordinance.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cp>\u003ca href=\"http://www.sfgate.com/bayarea/article/Big-WWII-era-gun-comes-to-Golden-Gate-3907659.php\">Big WWII-era gun comes to Golden Gate\u003c/a> (SF Chronicle) \u003c/p>\n\u003cblockquote>\u003cp>One of the largest American naval guns ever built was parked by the side of the road at Fort Cronkhite in the Marin Headlands through the weekend, on its way to be the centerpiece of a display of historic fortifications that protected San Francisco Bay in World War II.\n\u003c/p>\u003c/blockquote>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/77201/a-m-splash-208","authors":["1367"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_616","news_765","news_3225","news_423","news_1331"],"label":"news_6944"},"news_74124":{"type":"posts","id":"news_74124","meta":{"index":"posts_1591205157","site":"news","id":"74124","score":null,"sort":[1345757798000]},"guestAuthors":[],"slug":"video-george-gascon-steve-cooley-describe-their-positions-on-death-penalty-3-strikes-ballot-initiatives","title":"Video: George Gascon, Steve Cooley Back Nov. Ballot Initiative Softening 3-Strikes Law","publishDate":1345757798,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A tale of two DA's: George Gascon, Steve Cooley.\u003c/p>\n\u003cp>One is a San Francisco Democrat, the other an LA Republican. Cooley lost the 2010 California Attorney General race to Kamala Harris, whom Gascon then replaced as San Francisco's District Attorney.\u003c/p>\n\u003cp>Now, here are the two criminal justice officials together, interviewed by Scott Shafer, discussing their positions on \u003ca href=\"http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fballotpedia.org%2Fwiki%2Findex.php%2FCalifornia_Proposition_34%2C_the_End_the_Death_Penalty_Initiative_%282012%29&ei=L702UMKIKceJiAKJ5YHIAw&usg=AFQjCNFVjH--Cs7mIBt-1Z5ry5tEXRbdxg&sig2=UDj41HCnKSGV_oUfqBYz7Q\">Proposition 34\u003c/a>, which would end the death penalty and replace it with life in prison without parole, and on \u003ca href=\"http://ballotpedia.org/wiki/index.php/California_Proposition_36,_Changes_in_the_%22Three_Strikes%22_Law_%282012%29\">Proposition 36\u003c/a>, which would reform California's severe three-strikes law, requiring the third strike to be a violent offense in order for the imposition of a life sentence.\u003c/p>\n\u003cp>You may be surprised to find that Cooley, who ran for AG on a strong law-and-order platform, supports the three-strikes reform. Take a look...\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=vJMvvByDEHs\">Video: Gascon, Cooley support making Calif. 3-strikes law less stringent\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe src=\"http://www.youtube.com/embed/vJMvvByDEHs\" frameborder=\"0\" width=\"500\" height=\"281\">\u003c/iframe>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=smjBsvYiQbU\">Video: Gascon, Cooley on ending death penalty in California\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe src=\"http://www.youtube.com/embed/smjBsvYiQbU\" frameborder=\"0\" width=\"500\" height=\"281\">\u003c/iframe>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>You can hear more from Gascon and Cooley on KQED Public Television's upcoming “Prison Break: California Rethinks Criminal Justice,” a co-production of KQED and the Center for Investigative Reporting. The show will explore California's unprecedented overhaul of its criminal justice system, known as realignment, by following a group of inmates released from state prison into the supervision of probation officers in San Francisco and Fresno counties. The ex-prisoners' experiences are part of a systemic change that shifted thousands of low-level offenders to local and county jails and probation departments.\u003c/p>\n\u003cp>The show will air this Friday at 7:30 p.m.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>You can \u003ca href=\"http://www.kqed.org/news/bayarea/prisons/\">learn more about realignment at our special Prison Break site\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1345773785,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":277},"headData":{"title":"Video: George Gascon, Steve Cooley Back Nov. Ballot Initiative Softening 3-Strikes Law | KQED","description":"A tale of two DA's: George Gascon, Steve Cooley. One is a San Francisco Democrat, the other an LA Republican. Cooley lost the 2010 California Attorney General race to Kamala Harris, whom Gascon then replaced as San Francisco's District Attorney. Now, here are the two criminal justice officials together, interviewed by Scott Shafer, discussing their","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Video: George Gascon, Steve Cooley Back Nov. Ballot Initiative Softening 3-Strikes Law","datePublished":"2012-08-23T21:36:38.000Z","dateModified":"2012-08-24T02:03:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"74124 http://ww2.kqed.org/news/?p=74124","disqusUrl":"https://ww2.kqed.org/news/2012/08/23/video-george-gascon-steve-cooley-describe-their-positions-on-death-penalty-3-strikes-ballot-initiatives/","disqusTitle":"Video: George Gascon, Steve Cooley Back Nov. Ballot Initiative Softening 3-Strikes Law","path":"/news/74124/video-george-gascon-steve-cooley-describe-their-positions-on-death-penalty-3-strikes-ballot-initiatives","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A tale of two DA's: George Gascon, Steve Cooley.\u003c/p>\n\u003cp>One is a San Francisco Democrat, the other an LA Republican. Cooley lost the 2010 California Attorney General race to Kamala Harris, whom Gascon then replaced as San Francisco's District Attorney.\u003c/p>\n\u003cp>Now, here are the two criminal justice officials together, interviewed by Scott Shafer, discussing their positions on \u003ca href=\"http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fballotpedia.org%2Fwiki%2Findex.php%2FCalifornia_Proposition_34%2C_the_End_the_Death_Penalty_Initiative_%282012%29&ei=L702UMKIKceJiAKJ5YHIAw&usg=AFQjCNFVjH--Cs7mIBt-1Z5ry5tEXRbdxg&sig2=UDj41HCnKSGV_oUfqBYz7Q\">Proposition 34\u003c/a>, which would end the death penalty and replace it with life in prison without parole, and on \u003ca href=\"http://ballotpedia.org/wiki/index.php/California_Proposition_36,_Changes_in_the_%22Three_Strikes%22_Law_%282012%29\">Proposition 36\u003c/a>, which would reform California's severe three-strikes law, requiring the third strike to be a violent offense in order for the imposition of a life sentence.\u003c/p>\n\u003cp>You may be surprised to find that Cooley, who ran for AG on a strong law-and-order platform, supports the three-strikes reform. Take a look...\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=vJMvvByDEHs\">Video: Gascon, Cooley support making Calif. 3-strikes law less stringent\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe src=\"http://www.youtube.com/embed/vJMvvByDEHs\" frameborder=\"0\" width=\"500\" height=\"281\">\u003c/iframe>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=smjBsvYiQbU\">Video: Gascon, Cooley on ending death penalty in California\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe src=\"http://www.youtube.com/embed/smjBsvYiQbU\" frameborder=\"0\" width=\"500\" height=\"281\">\u003c/iframe>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>You can hear more from Gascon and Cooley on KQED Public Television's upcoming “Prison Break: California Rethinks Criminal Justice,” a co-production of KQED and the Center for Investigative Reporting. The show will explore California's unprecedented overhaul of its criminal justice system, known as realignment, by following a group of inmates released from state prison into the supervision of probation officers in San Francisco and Fresno counties. The ex-prisoners' experiences are part of a systemic change that shifted thousands of low-level offenders to local and county jails and probation departments.\u003c/p>\n\u003cp>The show will air this Friday at 7:30 p.m.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>You can \u003ca href=\"http://www.kqed.org/news/bayarea/prisons/\">learn more about realignment at our special Prison Break site\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/74124/video-george-gascon-steve-cooley-describe-their-positions-on-death-penalty-3-strikes-ballot-initiatives","authors":["80"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_616","news_3007","news_1331"],"label":"news_6944"},"news_55050":{"type":"posts","id":"news_55050","meta":{"index":"posts_1591205157","site":"news","id":"55050","score":null,"sort":[1328037178000]},"guestAuthors":[],"slug":"assembly-deadline-today-to-advance-softening-of-three-strikes-law","title":"Three-Strikes Reform Initiative Moves to Senate After Surprise Passage by Assembly","publishDate":1328037178,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_55087\" class=\"wp-caption alignright\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/gavel.jpg\">\u003cimg class=\"size-medium wp-image-55087\" title=\"gavel\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/gavel-300x225.jpg\" alt=\"Three Strikes Law, gavel\" width=\"225\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: steakpinball Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 10:57 a.m.\u003c/strong> In a surprise outcome, the Assembly has passed \u003ca href=\"http://leginfo.ca.gov/pub/11-12/bill/asm/ab_0301-0350/ab_327_cfa_20120109_095542_asm_comm.html\">AB 327\u003c/a>, Tom Amminao's Three-Strikes reform bill. It now moves to the Senate.\u003c/p>\n\u003cp>The bill would put a modification of the current Three-Strikes Law on the Nov 2014 ballot, the only way it can be changed since the original law was passed by initiative in 1994. Supporters of a similar reform measure are currently gathering signatures for a Nov 2012 initiative.\u003c/p>\n\u003cp>Here's what the bill would do, from the Assembly's Public Safety Committee:\u003c/p>\n\u003cblockquote>\u003cp>SUMMARY: Amends the \"Three Strikes\" Law, subject to voter approval, to require that the current conviction be a \"serious\" or \"violent\" felony in order to subject a defendant to an enhanced sentence under the 25-years-to-life (third strike) provisions. Specifically, this bill :\u003c/p>\n\u003cp>1)Requires the current conviction to be a serious or violent felony in order for the third-strike (25-years-to-life term) provisions of the Three Strikes Law to apply.\u003c/p>\n\u003cp>2)States that this bill affects an initiative statute and shall only become effective when submitted to, and approved by, the voters of California.\u003c/p>\u003c/blockquote>\n\u003cp>John Myers, our Sacramento Bureau Chief, says attempts at amending the Three-Strikes law have been numerous since 1994. The most prominent: a 2004 initiative, Prop 66, which was ahead in the polls until Gov Arnold Schwarzenegger and some of his predecessors as governors started campaigning against it.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Original post\u003c/strong>\u003cbr>\nSome state lawmakers want to ask voters to revise California's Three Strikes Law as a way to reduce prison sentences and save money on corrections, but they're having a hard time getting the issue through the Legislature.\u003c/p>\n\u003cp>The Assembly is now debating AB327, which would require that a defendant's third strike be for a serious or violent felony. The bill failed yesterday, and Assemblyman Mike Davis, D-Los Angeles asked for it to be taken up again today, the deadline for each house to pass legislation introduced last year.\u003c/p>\n\u003cp>KQED Sacramento Bureau Chief John Myers says given its failure on Monday, the odds of the bill's passage today are long.\u003c/p>\n\u003cp>Assemblyman Davis said on Monday, \"this bill is necessary because current three strikes law has led to many unjust sentences over the past 18 years that are not proportionate to the offense. As an advocate for fair and just society, this reality is quite troubling.\"\u003c/p>\n\u003cp>Democratic supporters say the change is needed because many third-strike offenders have been sentenced for petty theft and less serious offenses. Debate is split largely along partisan lines, with Republicans saying the bill dilutes the intent of the 1994 voter-approved law, which was intended to punish repeat offenders. \u003c!--more-->\u003c/p>\n\u003cp>\"This is a grave issue,\" said Assemblyman Jim Nielsen, R-Gerber. \"Three strikes came to pass because repeat, unrehabilitated offenders were preying again and again and again upon our families, our children, the people of our community. And it has worked.\"\u003c/p>\n\u003cp>Under California's Three Strikes Law, any third felony can earn a repeat offender a minimum sentence of 25 years in prison. Similar laws have been enacted in 26 states, and the federal government has some variation of it, but none is more punitive than California's because the third felony does not have to be labeled serious or violent.\u003c/p>\n\u003cp>California voters passed Proposition 184 back in 1994. Because it was enacted by voters, the Legislature may not amend the statute without voter approval.\u003c/p>\n\u003cp>Six previous legislative efforts to change the three strikes law have failed. In 2004, voters rejected Proposition 66, which would have required that the third strike be a serious or violent crime and could have reduced the number of offenses deemed serious under state law. Proposition 66 failed 52.7 percent against,47.3 percent for.\u003c/p>\n\u003cp>There are about 144,000 inmates in the state's prison system, including fire camps and out-of-state prisons. According to the nonpartisan Legislative Analyst's Office, there are roughly 41,000 inmates serving time in state prison under the three strikes law. About 32,000 are second-time offenders, and about 8,700 are on their third strike.\u003c/p>\n\u003cp>Davis said his legislation would help save the taxpayers money at a time when the state is trying to reduce its prison population and send lower-level criminals to county jails instead of state prisons. Defendants would not automatically face the stricter sentencing unless the defendant has certain prior offenses such as murder, rape and child molestation.\u003c/p>\n\u003cp>It would cost $220,000 to put the question before California voters but supporters say the bill would reduce inmate population by an estimated 60 inmates per year, resulting in $15 million in annual savings in 10 years. The savings would increase to $50 million in 20 years.\u003c/p>\n\u003cp>Assemblyman Donald Wagner, R-Irvine, said the bill is flawed because it would make the change retroactive and give inmates a chance to further clog the court system with appeals.\u003c/p>\n\u003cp>\"As a society we have a right to say, 'We're tired of you and we're going to deal with you harshly,— Wagner said.\u003c/p>\n\u003cp>Assemblyman Tom Ammiano, D-San Francisco, said the three strikes law has strayed from its original intent. Third strike offenders have been sentenced for \"crimes against property,\" drugs and other offenses, including drunken driving convictions.\u003c/p>\n\u003cp>\"There are very egregious crimes on one side; there are non-violent, minor crimes on the other,\" Ammiano said. \"We do need to review this, reform it. I say let the voters decide.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Supporters of an initiative to reform the three-strikes law are also gathering signatures.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1328037924,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":938},"headData":{"title":"Three-Strikes Reform Initiative Moves to Senate After Surprise Passage by Assembly | KQED","description":"Update 10:57 a.m. In a surprise outcome, the Assembly has passed AB 327, Tom Amminao's Three-Strikes reform bill. It now moves to the Senate. The bill would put a modification of the current Three-Strikes Law on the Nov 2014 ballot, the only way it can be changed since the original law was passed by initiative","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Three-Strikes Reform Initiative Moves to Senate After Surprise Passage by Assembly","datePublished":"2012-01-31T19:12:58.000Z","dateModified":"2012-01-31T19:25:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"55050 http://ww2.kqed.org/news/?p=55050","disqusUrl":"https://ww2.kqed.org/news/2012/01/31/assembly-deadline-today-to-advance-softening-of-three-strikes-law/","disqusTitle":"Three-Strikes Reform Initiative Moves to Senate After Surprise Passage by Assembly","path":"/news/55050/assembly-deadline-today-to-advance-softening-of-three-strikes-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55087\" class=\"wp-caption alignright\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/gavel.jpg\">\u003cimg class=\"size-medium wp-image-55087\" title=\"gavel\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/gavel-300x225.jpg\" alt=\"Three Strikes Law, gavel\" width=\"225\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: steakpinball Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 10:57 a.m.\u003c/strong> In a surprise outcome, the Assembly has passed \u003ca href=\"http://leginfo.ca.gov/pub/11-12/bill/asm/ab_0301-0350/ab_327_cfa_20120109_095542_asm_comm.html\">AB 327\u003c/a>, Tom Amminao's Three-Strikes reform bill. It now moves to the Senate.\u003c/p>\n\u003cp>The bill would put a modification of the current Three-Strikes Law on the Nov 2014 ballot, the only way it can be changed since the original law was passed by initiative in 1994. Supporters of a similar reform measure are currently gathering signatures for a Nov 2012 initiative.\u003c/p>\n\u003cp>Here's what the bill would do, from the Assembly's Public Safety Committee:\u003c/p>\n\u003cblockquote>\u003cp>SUMMARY: Amends the \"Three Strikes\" Law, subject to voter approval, to require that the current conviction be a \"serious\" or \"violent\" felony in order to subject a defendant to an enhanced sentence under the 25-years-to-life (third strike) provisions. Specifically, this bill :\u003c/p>\n\u003cp>1)Requires the current conviction to be a serious or violent felony in order for the third-strike (25-years-to-life term) provisions of the Three Strikes Law to apply.\u003c/p>\n\u003cp>2)States that this bill affects an initiative statute and shall only become effective when submitted to, and approved by, the voters of California.\u003c/p>\u003c/blockquote>\n\u003cp>John Myers, our Sacramento Bureau Chief, says attempts at amending the Three-Strikes law have been numerous since 1994. The most prominent: a 2004 initiative, Prop 66, which was ahead in the polls until Gov Arnold Schwarzenegger and some of his predecessors as governors started campaigning against it.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Original post\u003c/strong>\u003cbr>\nSome state lawmakers want to ask voters to revise California's Three Strikes Law as a way to reduce prison sentences and save money on corrections, but they're having a hard time getting the issue through the Legislature.\u003c/p>\n\u003cp>The Assembly is now debating AB327, which would require that a defendant's third strike be for a serious or violent felony. The bill failed yesterday, and Assemblyman Mike Davis, D-Los Angeles asked for it to be taken up again today, the deadline for each house to pass legislation introduced last year.\u003c/p>\n\u003cp>KQED Sacramento Bureau Chief John Myers says given its failure on Monday, the odds of the bill's passage today are long.\u003c/p>\n\u003cp>Assemblyman Davis said on Monday, \"this bill is necessary because current three strikes law has led to many unjust sentences over the past 18 years that are not proportionate to the offense. As an advocate for fair and just society, this reality is quite troubling.\"\u003c/p>\n\u003cp>Democratic supporters say the change is needed because many third-strike offenders have been sentenced for petty theft and less serious offenses. Debate is split largely along partisan lines, with Republicans saying the bill dilutes the intent of the 1994 voter-approved law, which was intended to punish repeat offenders. \u003c!--more-->\u003c/p>\n\u003cp>\"This is a grave issue,\" said Assemblyman Jim Nielsen, R-Gerber. \"Three strikes came to pass because repeat, unrehabilitated offenders were preying again and again and again upon our families, our children, the people of our community. And it has worked.\"\u003c/p>\n\u003cp>Under California's Three Strikes Law, any third felony can earn a repeat offender a minimum sentence of 25 years in prison. Similar laws have been enacted in 26 states, and the federal government has some variation of it, but none is more punitive than California's because the third felony does not have to be labeled serious or violent.\u003c/p>\n\u003cp>California voters passed Proposition 184 back in 1994. Because it was enacted by voters, the Legislature may not amend the statute without voter approval.\u003c/p>\n\u003cp>Six previous legislative efforts to change the three strikes law have failed. In 2004, voters rejected Proposition 66, which would have required that the third strike be a serious or violent crime and could have reduced the number of offenses deemed serious under state law. Proposition 66 failed 52.7 percent against,47.3 percent for.\u003c/p>\n\u003cp>There are about 144,000 inmates in the state's prison system, including fire camps and out-of-state prisons. According to the nonpartisan Legislative Analyst's Office, there are roughly 41,000 inmates serving time in state prison under the three strikes law. About 32,000 are second-time offenders, and about 8,700 are on their third strike.\u003c/p>\n\u003cp>Davis said his legislation would help save the taxpayers money at a time when the state is trying to reduce its prison population and send lower-level criminals to county jails instead of state prisons. Defendants would not automatically face the stricter sentencing unless the defendant has certain prior offenses such as murder, rape and child molestation.\u003c/p>\n\u003cp>It would cost $220,000 to put the question before California voters but supporters say the bill would reduce inmate population by an estimated 60 inmates per year, resulting in $15 million in annual savings in 10 years. The savings would increase to $50 million in 20 years.\u003c/p>\n\u003cp>Assemblyman Donald Wagner, R-Irvine, said the bill is flawed because it would make the change retroactive and give inmates a chance to further clog the court system with appeals.\u003c/p>\n\u003cp>\"As a society we have a right to say, 'We're tired of you and we're going to deal with you harshly,— Wagner said.\u003c/p>\n\u003cp>Assemblyman Tom Ammiano, D-San Francisco, said the three strikes law has strayed from its original intent. Third strike offenders have been sentenced for \"crimes against property,\" drugs and other offenses, including drunken driving convictions.\u003c/p>\n\u003cp>\"There are very egregious crimes on one side; there are non-violent, minor crimes on the other,\" Ammiano said. \"We do need to review this, reform it. I say let the voters decide.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Supporters of an initiative to reform the three-strikes law are also gathering signatures.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/55050/assembly-deadline-today-to-advance-softening-of-three-strikes-law","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1331"],"label":"news_6944"},"news_26179":{"type":"posts","id":"news_26179","meta":{"index":"posts_1591205157","site":"news","id":"26179","score":null,"sort":[1304447558000]},"guestAuthors":[],"slug":"usc-three-strikes-symposium-live-updates-from-scott-shafer","title":"Three Strikes Symposium at USC - Live Updates From Scott Shafer","publishDate":1304447558,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Several state and local officials, including San Francisco District Attorney George Gascon, are speaking at a May 3 symposium at USC to discuss the impact of California's \u003ca href=\"http://en.wikipedia.org/wiki/Three_strikes_law\">three strikes law\u003c/a>. The symposium is being held by the \u003ca href=\"http://www.jjay.cuny.edu/4655.php\">John Jay College of Criminal Justice\u003c/a> in New York. KQED News reporter and host Scott Shafer is providing live updates from the event, below:\u003c!--more-->\u003c/p>\n\u003cp>http://storify.com/kqednews/live-from-the\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1304463627,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":3,"wordCount":71},"headData":{"title":"Three Strikes Symposium at USC - Live Updates From Scott Shafer | KQED","description":"Several state and local officials, including San Francisco District Attorney George Gascon, are speaking at a May 3 symposium at USC to discuss the impact of California's three strikes law. The symposium is being held by the John Jay College of Criminal Justice in New York. 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The symposium is being held by the \u003ca href=\"http://www.jjay.cuny.edu/4655.php\">John Jay College of Criminal Justice\u003c/a> in New York. KQED News reporter and host Scott Shafer is providing live updates from the event, below:\u003c!--more-->\u003c/p>\n\u003cp>http://storify.com/kqednews/live-from-the\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/26179/usc-three-strikes-symposium-live-updates-from-scott-shafer","authors":["80"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1331"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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