• Unlike prior law, similar felony conviction while the offender was sixteen or seventeen years of age may be counted as "strikes."
• All sentences under this measure are to be served consecutively.
• As noted above, this law carries its own truth-in-sentencing provision. Offenders -4- convicted under this measure must serve a minimum of 80 percent of their sentence, regardless of good-time credits. This is superseded by AB 2716, which increases the minimum time served to 85 percent of the sentence for violent felonies.
The three-strikes law states that the most severe prison terms are reserved for those who have previously committed "serious" or "violent" felonies. In general, California law defines violent felonies as those that cause injury to the victim or threaten the victim with a deadly weapon (for example, murder and voluntary manslaughter, mayhem, most forcible sexual offenses, and some categories of robbery, assault, and burglary). Serious felonies include all violent felonies, plus others where there is a potential for injury to the victim (for example, arson and the remaining categories of robbery, assault, and …show more content…
According, to the Legislative Analyst Office “since 1994, the courts have sent over 80,000 second strikers and 7,500 third strikers to state prison. (More than half of these second strikers have served their time and have been released.) As of December 31, 2004, there were almost 43,000 inmates serving time in prison under the Three Strikes law, making up about 26 percent of the total prison population. Of the striker population, more than 35,000 are second strikers, and about 7,500 are third strikers.” In 2004 the most common offenses for which strikers were robbery, burglary, assault, and possession of drugs. According to the nonprofit Center on Juvenile and Criminal Justice, blacks made up 43% of about 1,200 "third strike" defendants imprisoned under the law as of Dec. 31, 1995. According to Stanford Law School, “in 2008, there were 41,114 inmates serving time in prison under California’s Three Strikes Law. 32,660 were second-strike sentences. 8,454 were third-strike sentences. 845 third-strikes sentences were for crimes against persons. 3,829 third-strike sentences were for drug or property offenses. 780 were for other crimes.11 • 13,966 second-strike sentences were for crimes against persons. 15,146 second-strike sentences were for drug or property offenses. 3,548 were for other crimes.’’ In 2010 approximately 33,000 inmates were serving sentences that were doubled as a strike-two