Oakland Tribune

Berkeley Seeks 'Three Strikes' Change

2000-04-02

Berkeley is the first California city to officially support a proposed ballot initiative amending the state's "Three Strikes, You're Out" sentencing law.

The city council March 21 approved a recommendation from the city's Peace and Justice Commission to support the initiative and encourage citizens to sign petitions to put the measure on November's ballot.

Manuel Hector, the Peace and Justice Commission's secretary, said that the panel "has felt all along that the Three Strikes law in its current form and use is not what was really intended."

The law can double the prison term for a convicted felon with one serious or violent prior conviction, or put a convicted felon with two serious or violent prior convictions away for 25 years to life.

For now, any new felony on top of a serious or violent prior can trigger the law. Critics say that means people are going to jail for very long terms -- even for life -- for nonviolent crimes such as shoplifting or drug possession. The proposed initiative would amend the law so it can take effect only with a new serious or violent felony conviction.

Jan Tucker, a Los Angeles-area private investigator and activist who co-authored the proposed initiative, said Berkeley is the first city to support the measure.

"We have some people who want to bring it before the Los Angeles City Council, and we've gotten calls from other people around the state ... who want to bring it before their own governing bodies," he said.

"I think the Berkeley vote represents ... a commentary by the city on how sick and tired it is of paying for L.A.'s mistakes," he said.

An ANG Newspapers investigation conducted late last year found Alameda and San Mateo counties show more discretion than most in using the law, saving it mostly for serious or violent cases.

Tucker said he's talking to Alan Moore, the Peace and Justice Commission member who brought the issue forward in Berkeley, about organizing Bay Area events to support amending the law. Volunteers have until May 26 to collect the 419,260 confirmed signatures needed to put the measure on the ballot.

With the controversial Juvenile Justice initiative now passed into law by voters in the March 7 primary election, amending Three Strikes could be the next big justice issue, Tucker said: "A lot of the people who were involved in opposing Proposition 21 ... are starting to come aboard our campaign."

Hector noted that Alameda, San Mateo, San Francisco, Santa Cruz and Marin counties were the only counties in the state in which Proposition 21 didn't pass. That could mean the Bay Area will prove to be a key power base for the Three Strikes amendment campaign, he said.

By Josh Richman
OAKLAND TRIBUNE STAFF WRITER