California 2017-2018 Regular Session

California Assembly Bill AB538

Introduced
2/13/17  
Introduced
2/13/17  
Refer
2/27/17  
Refer
2/27/17  
Report Pass
3/21/17  
Report Pass
3/21/17  
Refer
3/22/17  
Refer
3/22/17  
Failed
2/1/18  

Caption

Sentencing.

Impact

The bill is expected to significantly shape the state's judicial landscape by clarifying sentencing structures. By enforcing that longer sentences are served in state prison, AB 538 is intended to address issues related to the seriousness of felonies and maintain public safety. The amendment could lead to an increase in the prison population, particularly among individuals who might otherwise serve time in county jail for lesser offenses but are now subject to state prison terms due to the aggregate sentence length.

Summary

Assembly Bill 538, introduced by Assembly Member Acosta, aims to amend Section 1170 of the Penal Code, specifically focusing on sentencing laws for certain felonies. The bill establishes that individuals convicted of felonies otherwise punishable in county jail must serve their sentences in state prison if they are sentenced to an aggregate term exceeding three years. This change is relevant for offenders who have certain prior convictions, such as serious or violent felonies or various enhancements under California law.

Sentiment

The sentiment surrounding AB 538 appears mixed. Supporters argue that the bill promotes a tougher stance on crime and ensures that serious offenders face appropriate penalties, aligning with public safety objectives. However, critics express concern that the bill could further strain the state's prison system and undermine rehabilitation efforts, as more individuals may be placed in a prison environment that lacks adequate support for educational and rehabilitative programs.

Contention

Key points of contention regarding AB 538 include debates over its potential effects on prison overcrowding and the overall effectiveness of penalties in deterring crime. Opponents argue that simply increasing prison sentences does not address the underlying causes of crime and may diminish opportunities for rehabilitation, leading to higher recidivism rates. The discussions highlight a complex balance between enforcing law and order and fostering rehabilitative justice.

Companion Bills

No companion bills found.

Similar Bills

CA SB670

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CA AB2942

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CA AB124

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CA SB481

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CA AB1540

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CA AB1245

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CA SB567

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CA AB960

Compassionate release.