Three Strikes Reform Act qualifys for the November ballot

 Three Strikes Reform Act of 2012 has qualified for the November ballot

June 13, 2012

by Geri Silva, FACTS

Let’s mobilize to win Three Strikes reform in November before more of us are on the receiving end of a prison cell.The Three Strikes Reform Act of 2012, written and prepared by a coalition based at Stanford University, has qualified for inclusion on the November 2012 ballot.

The re-sentencing provisions of this act are:

■ Prisoners currently serving life sentences for non-serious, non-violent crimes that would not result in a life sentence under the new law can apply for a sentence reduction. A judge must reduce the prisoner’s life sentence to a term of years no less than double an ordinary sentence unless the sentence reduction would cause “an unreasonable risk to public safety.”

■ The burden is on the prosecution to prove by a preponderance of evidence that the prisoner is an unreasonable risk to public safety. The prisoner must be re-sentenced to the shorter sentence if the prosecution cannot meet this burden.

■ A prisoner will have a right to a court-appointed attorney at any re-sentencing hearing.

■ All relevant evidence can be considered at the sentencing hearing, including but not limited to: prison disciplinary records (both positive and negative reports), health records, family support, sobriety and employment prospects.

■ An estimated 3,000 inmates will be eligible for a new sentence under this initiative.

For the complete proposed text of the act as submitted click here.

Although many would like a more encompassing initiative, we at FACTS are prepared to support the passage of this step forward in the 2012 election.

Geri Silva, co-founder of Families to Amend California’s Three Strikes (FACTS), can be reached at gerifacts@sbcglobal.net.