Crime Bill

The Senate is poised to vote on a crime measure Thursday that would address, but not solve problems with the current mandatory minimum and school zone laws. The bill also includes a so-called "three strikes and you are out" provision for violent felons on their third conviction.  

The bill eliminates parole eligibility for habitual offenders convicted on their third offense. The list of triggering offenses contains over 60 offenses.

Senate Bill No. 2054 as drafted reduces, but does not eliminate mandatory minimum sentencing laws for some drug offenses. Those drug offenders who are sentenced after enactment would be denied parole eligibility, access to work release or earned good time. The reduced sentences would not apply to those currently serving mandatory minimums. The MBA has been a long time opponent of mandatory minimum sentences. The MBA's 2009 Drug Policy Task Force report documents not only the unsustainable increases in prison and jail populations, in large part driven by the mandatory drug sentencing statutes, but also the need for comprehensive education, treatment, rehabilitation and parole eligibility reforms.  

The bill before the Senate reduces the school zone from 1,000 feet to 500 feet, but still carries mandatory minimum penalties. The MBA supports the redrawing of the school zones to 100 feet. School zones disproportionately affect those in urban communities and have had no effects on prevention.  

Senate Bill No. 2054 also modifies existing parole procedures. Parole for those serving life sentences would have to be approved by 2/3 thirds of the Parole Board rather than a majority. It would also require the Parole Board to include a risk and need assessment when considering parole eligibility. The Parole Board would be required to post parole decisions online and include a tally of the votes of the board.

If enacted, Senate Bill No.2054 would require post release supervision for those serving in state prisons for felonies convicted after the effective date of the bill.

To see the past MBA correspondence on parole, click here.