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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Corrections Department

SUMMARY

Synopsis of Bill

The House Appropriations and Finance Committee Substitute for House Bill 226 would add a new section to the Criminal Code known as the Persistent Violent Offender Act. The bill repeals the three violent felony convictions law ("three strikes legislation") as well as the two violent sexual offense laws and substitutes new material. The Persistent Violent Offender Act creates a new sentencing option that allows courts t to impose penalties of life imprisonment when an offender has been convicted of certain violent offenses. The bill creates two classes of violent offenses:

Class A Violent Offenses Class B Violent Offenses

Assault with intent to commit a violent felony Aggravated arson

1^st or 2^nd degree criminal sexual penetration Aggravated assault resulting in GBH

Kidnaping resulting in GBH* Aggravated battery

1^st or 2^nd degree murder Assault with intent to commit a violent felony

Armed robbery resulting in GBH Kidnaping without GBH

Shooting at or from a vehicle resulting in GBH Armed robbery

Shooting at or from a vehicle that results in

* great bodily harm injury to another person.

The bill provides that when a defendant is convicted of a Class A or Class B felony and the sentence has been imposed, the state may petition the court to conduct a hearing to determine whether the defendant is a persistent violent offender. A persistent violent offender is defined as a person who is not amenable to rehabilitation and has been convicted of: two or more Class A felonies; one Class A felony and two or more Class B felonies; or four or more Class B felonies.

Significant Issues

The bill provides that the state bears the burden of proving by clear and convincing evidence that the defendant is a persistent violent offender. The bill also provides that convictions equaling the criteria for being a persistent violent offender are sufficient to support a finding by clear and convincing evidence that the defendant is not amenable to rehabilitation. If the court finds that a defendant is not amenable to rehabilitation and that the requisite offenses are part of separate events, the defendant shall be found to be a persistent violent offender and their sentence shall be increased to life imprisonment. Being found a persistent violent offender would not preclude the possibility of a death sentence in capital murder cases.

Parole for persistent violent offenders would also be changed by the bill. A persistent violent offender may petition the parole board for review of the life sentence upon serving the time in the underlying sentence or ten years, whichever is greater. The offender bears the burden of proving to the parole board by clear and convincing evidence that he has been rehabilitated and does not pose a substantial risk of violence to the community. If the parole board finds for the offender, they shall be released from prison and placed on parole for five years. Capital murder offenders may not petition the parole board until 30 years of the life sentence has been served.

If the parolee violates the conditions of parole by committing a Capital, 1^st, 2^nd or 3^rd degree felony, parole is to be revoked and the offender will serve the remainder of their life in prison without the possibility of parole.

FISCAL IMPLICATIONS

According to the Corrections Department, enactment of the Persistent Violent Offender Act will have significant impact on the department over time. The Department estimates that five to ten times as many offenders could be sentenced to life imprisonment under the new act. As underlying sentences are completed and life sentences begin to take effect, the fiscal impact of the legislation will be felt.

There are currently four persons serving life sentences in the state's prisons who have been convicted under "three strikes" legislation (approximately one per year). If this number were to be five to ten times greater in eight years, there could be 40 to 80 persistent violent offenders serving life sentences. Assuming the cost of maintaining a life sentence prisoner at approximately $30.0 per year, in eight years the fiscal impact of this legislation on the department could be between $1,200.0 and $2,400.0.

ADMINISTRATIVE IMPLICATIONS

The House Appropriations and Finance Committee Substitute for House Bill 226 will require administrative changes for the courts, district attorneys, public defenders, Corrections Department and the parole board.

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