California state Senate advances bill to repeal mandatory sentence
enhancements for some drug convictions

Los Angeles Times May 16, 2017

The state Senate on Monday approved a bill that would repeal
three-year mandatory sentence enhancements for some prior drug
convictions, part of a reform package that lawmakers say would
protect juveniles and create parity in the justice system.

Senate Bill 180, co-authored by Sens. Holly Mitchell (D-Los Angeles)
and Ricardo Lara (D-Bell Gardens), narrowly moved out of the Senate
on a 22-13 vote. It now heads to the Assembly for consideration.

Another bill in the package, Senate Bill 439, passed on a 23-13 vote
and would prohibit authorities from incarcerating children 11 and younger.

On the Senate floor, Republican lawmakers urged their Democratic
colleagues not to water down state sentencing laws, pointing to the
deadly attack on Whittier police officers allegedly carried out by a
paroled gang member.

But supporters of the legislation called it a modest reversal of
harmful policy under the so-called war on drugs, which they said
disproportionately targeted minorities and did not stop the flow of
narcotics. And they cited concerns over the direction on drug crimes
taken by U.S. Atty. Gen. Jeff Sessions, who last week told federal
prosecutors to pursue "the most serious, readily provable offense" in
drug cases.

Under current state law in California, a person convicted for sale or
possession for sale of a small amount of drugs can face a sentence of
three to five years incarceration, plus an additional three years in
jail for each prior conviction for similar drug offenses.

Mitchell said research showed long prison sentences because of such
mandatory enhancements tear apart families and do not stop offenders
from breaking the law.

"Enhancements came around at a time when we didn't have the research
to show that they aren't effective, and [they] were based on fear,"
she told lawmakers. "When you know better, you're supposed to do better."

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