If this ammendment passes in November who gets released? Only lifers or will other prisnors that were sentenced under 3 strikes also have their sentenced modified. ie: a drug posession charge could carry a 6 year sentence because its tripled under 3 x. I have read the law and called the offices they dont seem to have any answers. I want my man home. he is an indeterminant SHU inmate. YUCK

Which office did you call? There are several organizations in California that are trying to help amend this stupid law. CAVC, FACTS1 and Yes on 66 are just a few. FACTS1 is in LA area and the other 2 are in Orange County. And to answer your first question, not only those that are sentenced to 25 years to life will be affected when the the amendment passes. Some of those that were "enhanced" (doubled) for some thing that would no longer be considered a "strikeable offence" (which is just about any thing in California now) could be eligible to be re-sentenced. This is not a get out of jail free card. Some of the critics of the amendment say that the prison doors are just going to open for just about everyone and that is just not true. What they are trying to do is return the law to it's original intention! To "strike out" violent offenders! And I do not think that sticking Disney videos in your pockets and walking out of a store or having a small amount of drugs in your possesion would be consdiered a "violent" offence in any ones book! Wrong yes, violent NO!!!

MY HUSBAND GOT 6 YEARS ON A POSESSION, THE SENTENCED WAS TRIPLED SO iI GUESS THAT MEANS HE CAN BE RESENTENCED. HOORAY

Was the enhancement because of a previous "strike"? If so then he should qualify. As simple possession is not a violent felony! Please go to www.amend3strikes.org, a copy of the entire amendment is on that web page. Best Wishes to you! :thumbsup:

theres actually 2 for the lifers

1. is for the 3 three strikes!! so everyone we must vote!!
2. is for the sb1522 for the lifers

A recent review by the ACLU attorneys states that the amendment will only affect third strikers, and only those whose third strike is redefined under the amendment to the law. I just attended the FACT'S board meeting on Saturday and we were given the attorneys review. It will allow approximately 4,000 prisoners to be remanded for resentencing. It will not free the over 25,000 that the opposition is claiming, although we wish it would.

Yes, everyone! The most important thing now is getting out the vote. It is imperative that every California member of PTO get to the polls in November. You can be sure the members of CCPOA will be there.

I AGREE WITH FREEDOM ANGEL AND SUNKISSED! WE ALL MUST VOTE......

A recent review by the ACLU attorneys states that the amendment will only affect third strikers, and only those whose third strike is redefined under the amendment to the law. I just attended the FACT'S board meeting on Saturday and we were given the attorneys review. It will allow approximately 4,000 prisoners to be remanded for resentencing. It will not free the over 25,000 that the opposition is claiming, although we wish it would.

Yes, everyone! The most important thing now is getting out the vote. It is imperative that every California member of PTO get to the polls in November. You can be sure the members of CCPOA will be there.

OK Now they say it will only affect the 3rd strikers, My question now is How can the state hold a prisoner in custody if the law they were sentenced under no longer exists? That is against the law.

The law will still exist. It's just being amended to revise the wording that applies to the "third strike". It revises the type of crimes that can be considered as the "third strike". The guts of the law remain intact. One day we will get it repealed completely, so that the sentencing for each crime is based on the specifics to that case. In the meantime, we have to take baby steps to get whatever changes (for the better) that we can get.

HOW ABOUT THE ONES THAT ARE DOING 85% OF THERE TIME THAT THEY WAnted to give 25 to life and they took a deal? would like to know a mother that is waiting for answer but dont get none. pray that some can anwer me back.

If the iniative passes in November, when will it go into effect? Immediately as it says, or in January?

Sorry, unless they have their "third" strike, in which case they would be doing 25 to life, then the amendments do not apply.

Not exactly sure of the date it will take effect. I do know they have 18 months to complete the resentencing of those that it does affect. I would imagine they'll have 18 months from the date it's passed, but who knows.

Please vote - everyone in the Cali forums!! We must vote for the change and we must educate everyone we come in contact with so they vote "yes on Prop 66" as well.

If the iniative passes in November, when will it go into effect? Immediately as it says, or in January?It's my understanding that each prisoner would have to get a day in court within 180 days after and if the ballot passes.

HOW ABOUT THE ONES THAT ARE DOING 85% OF THERE TIME THAT THEY WAnted to give 25 to life and they took a deal? would like to know a mother that is waiting for answer but dont get none. pray that some can anwer me back.This ballot will only apply to those sentenced under the three-strikes law.
If someone took a deal to avoid being sentenced under the three-strikes law, they would not be affected by this.
I'm very sorry.:(
Heidi

OK Now they say it will only affect the 3rd strikers, My question now is How can the state hold a prisoner in custody if the law they were sentenced under no longer exists? That is against the law.
According to Sam Clauder, the change in the 3-strikes law will affect second & third strikers!
Here's an excerpt from one of his messages to another list:

California is the only state in the nation whose three-strikes law
applies the same sentences to petty criminals that it does to rapists,
robbers and murderers. Under the current law, every felony is a strike
which requires a prisoner to serve 85% of the sentence before qualifying
for parole while other convictions only requires 50% of a sentence
served before parole. A second felony requires that the primary
sentence be doubled -- 10 years for a 5-year sentence, 20 years for a
10-year sentence, etc. The third felony, of any kind, requires a
sentence of 25-years-to-life.

According to the Department of Corrections, there are now 42,322
strikers, only 15,448 of which have committed violent crimes. The
remaining include 10,173 for drug crimes, 12,768 for property crimes,
and 3,933 for other crimes. Under Prop 36 passed in 2000, the 10,173
strikers in for drug crimes would receive treatment instead of prison if
they were sentenced today.

The "Yes on 66" spokesperson is Sam Clauder, one of the most effective
political advocates for amending the three-strikes law during the past
ten years. Clauder strongly supported the original law, but soon
realized his mistake when petty criminals started receiving life-sentences.

Clauder is the founder of Citizens Against Violent Crime, the proponent
committee that placed Proposition 66 on the ballot earlier this year.
He formed CAVC in 1999, and, as its Political Director, drafted Joe
Klaas as spokesperson and authored initiatives that attempted to qualify
for the ballot in 2000 and 2002. Clauder has been a political advocate
and campaign consultant for 33 years.

"Like millions of other Californians, when I voted for the three-strikes
law I was voting to keep violent criminals locked up -- not to put
pizza-thieves, cookie-burglars, and dope-smokers in prison for life. It
is not appropriate justice, nor is it fair to the taxpayers, to reward
petty criminals with three-hots-and-a-cot for life. They should have to
survive in society as hard-working, law-abiding, taxpayers like the rest
of us," Clauder said.

"Prop 66 will change all that by continuing the three-strikes law for
violent criminals while providing another day in court for the
non-violent offenders. Prisoners now serving strike-enhanced sentences
could apply for, and possibly receive, a new, shorter sentence if their
offenses no longer count as strikes. But the re-sentencing provisions
of the initiative require each prisoner to return to the court of origin
so that the original Judge and District Attorney have jurisdiction over
the re-sentencing. Additionally, there are no restrictions on the
hearing, so the judge is free to re-sentence the offender in a just
manner, which will likely result in many offenders returning to prison
to serve out their sentences, but without the enhancements.

"For these, and many other reasons, major statewide polls conducted
during the past five years show public opinion shifted at the rate of
3-5% per year from supporting the three-strikes law to supporting this
amendment of it. The recent Field poll agreed with our private polls
that 75% of Californians will vote for Prop 66.

"We have a long history of leadership and action when it comes to
amending this extreme, overreaching, and costly law, and this committee
will be a very strong coalition of labor, community, and political
leadership that will insure the passage of Prop 66," Clauder concluded.

"Prop 66 will change all that by continuing the three-strikes law for
violent criminals while providing another day in court for the
non-violent offenders. Prisoners now serving strike-enhanced sentences
could apply for, and possibly receive, a new, shorter sentence if their
offenses no longer count as strikes. But the re-sentencing provisions
of the initiative require each prisoner to return to the court of origin
so that the original Judge and District Attorney have jurisdiction over
the re-sentencing. Additionally, there are no restrictions on the
hearing, so the judge is free to re-sentence the offender in a just
manner, which will likely result in many offenders returning to prison
to serve out their sentences, but without the enhancements.

THIS IS THE INFORMATION THAT I GOT FROM BOTH CAVC AND AN ATTORNEY THAT READ THE ENTIRE AMENDMENT!!!!!!! Thank you for posting this Heidi. :thumbsup: Maybe this will ease some of the confusion.

thank you Ladies, Ive been searching for the answer and you have answered it Thank you.

the law goes into effect day after its voted for. They have to resentence within 30 to 180 days it says all that in the init. and yes it does effect 2nd strikers, if the crime is not on the violent crime list that we are voting on. READ THE LAW ITS A NO BRAINER.

my husband took a deal but was still sentenced under 3 X law. his normal sentence would be 3 years, but it doubled cause of enhancements of the 3 x law. So Sylvia it depends wwhat he is in therre for. A violent felony, thats what oyou need to look at I think

If the iniative passes in November, when will it go into effect? Immediately as it says, or in January?

I believe the iniative will go into affect imediately and an inmate can be brought before a judge 30 days from its passage. According to cavc this will be the case. Also, according to them it will affect certain 2nd strike inhancements. They didn't specify which ones but I am asuming it will mean petty theft, drug convictions, burglary with no one there,etc. Anything that is no longer strikeable under current law.

This link will give you more information on the effects of Prop 66 if the bill passes in November: http://www.ss.ca.gov/elections/bp_nov04/prop_66_entire.pdf

Vote Yes on Prop 66!!!!

My Husband is in on a second strike. Burglury, nobody home, vacation house. 17 years. I would really like to know if this law will effect him, If anyone knows. I plan on voting and I pass the word around to everyone I know. All the people I talk to already have plans to support the amendment.

the law will take effect IMMEDIATELY!! YEAH!!!

Hello Everyone,
I'm new here and I stumbled across this forum and as I thought I understood prop 66, I'm realizing that I now have questions. When it states that they are redefining serious and violent felonies, Will Felony DUI's really just be considered an accident???? I guess I'm not seeing the conection between this proposition and the KEENAN case and how he will be able to go home sooner becaused I thought the prop was for those with 25 to L in with petty crimes. Also, if the propisition does pass, will the state just automatically know who to send for resentencing and who not to??? How does the system work?