Attorney General No.


Secretary of State No.



SECOND DEGREE MURDER SENTENCES. INITIATIVE STATUTE. Present Penal Code section 190 provides second degree murder prison sentence is for term of "15 years to life." This measure changes term to "ten, thirteen, or twenty years." A person convicted of second degree murder will be sentenced to the thirteen year term if the person used a weapon or was guilty of additional felonies and to twenty year term if death resulted from the person's operation of a motor vehicle while under influence of alcohol. Except for twenty year sentence, amendments apply retroactively to November 8, 1978, thereby reducing some minimum terms. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Department of Corrections estimates measure will reduce prison population by about 1,270 inmates annually when full impact realized. Reduction will begin in 1986-87 and reach 1,270 inmate level by 1997-98. Reduction in prison population would reduce incarceration costs by approximately $379,000 in 1986-87 growing to about $21.5 million (1986 dollars) annually by 1997-98, if current prison admission rates for murderers continue. Initiative could also result in capital outlay savings. Measure also will reduce by an unknown amount annual operating costs for the Board of Prison Terms beginning in 1986-87, because board hearings would no longer be required to determine when to release persons convicted of second degree murder.


James B. Roufs Criminal Justice Oversight Committee, P.O. Box 1855, San Luis Obispo, Ca 93406



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