What two major changes occurred to the Three Strikes law under Proposition 36?
The second major change made by Proposition 36 is the addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law.
Does Prop 36 still exist?
If you get found “not guilty,” the case is over. But even if you get convicted, you can still do Prop 36 rather than going to jail.
Is the 3 strike law still in effect?
Despite this amendment, California still seriously punishes habitual offenders. The law still provides for the possibility of a life sentence for certain non-violent third strike felonies. Additionally, the three strikes law in California applies to certain felonies committed when a defendant was a juvenile.
What crimes fall under the Three Strikes law?
What crimes fall under the three strikes law?
- Murder or voluntary manslaughter;
- Any felony punishable by death or imprisonment in state prison for life;
- Any felony in which the defendant personally inflicts great bodily injury on any.
- Any felony in which the defendant personally uses a firearm;
When Did Prop 36 Pass in California?
November 6, 2012
Passage. The proposition was passed on November 6, 2012, with 8,575,619 people (69.3%) voting Yes and 3,798,218 people (30.7%) voting No. It passed by a majority in all counties of the state. It was most strongly supported in San Francisco (84.5%), Marin (83.2%), and Alameda (78.6%) counties.
What changes have been made to the Three Strikes law?
The Three Strikes law imposed longer prison sentences for certain repeat offenders, as well as instituted other changes. Most significantly, it required that a person who is convicted of a felony and who has been previously convicted of one or more violent or serious felonies receive a sentence enhancement.
Can you get a strike removed?
You can expunge a felony conviction in California provided you did not serve any time in state prison. In most cases, a conviction that was deemed a “strike” will have included state prison time so that it could not be expunged. If not, then it could be expunged if other criteria is met.
What is the Proposition 36 drug diversion program?
Proposition 36 Drug Treatment Diversion Program. Initiative Statute. Overview This measure changes state law so that certain adult offenders who use or possess illegal drugs would receive drug treatment and supervision in the community, rather than being sent to prison or jail or supervised in the community, generally without drug treatment.
How does the Three Strikes Law work in California?
Three strikes law also doubles the prison sentence for people convicted of any California felony who have two violent felony or serious felony priors. “Second strikers” also receive a double sentence under PC 667. 2
What was the minimum sentence for three strikes?
The law was enacted as Chapter 12, Statutes of 1994 (AB 971, Jones) by the Legislature and by the electorate in Proposition 184. As its name suggests, the law requires, among other things, a minimum sentence of 25 years to life for three-time repeat offenders with multiple prior serious or violent felony convictions.
What is Proposition 36 in the state of California?
1. What is California’s Proposition 36? Proposition 36…which is defined in Penal Code sections 1210-1210.1 PC and 3063.1 (as it relates to people on parole)…is one type of California drug diversion.