California: RISE Act

SB 966 by Senator Holly Mitchell (D-Los Angeles) would repeal the three-year sentence enhancement for prior drug convictions. The enhancement is applied consecutively — three years for every prior conviction for possession for sale, sale or similar drug offense to any person currently convicted for a similar offense. Since realignment, this has resulted in hundreds being sentenced to county jails for more than five or even ten years.

  • The RISE Act will free up taxpayer dollars for investment in cost-effective community-based programs instead of costly jail expansion.
  • SB966 would address extreme sentences. Under current law, a person may face two to four years in jail for possessing drugs for sale under the base sentence. But if the person has two prior convictions for possession for sale, they would face an additional six years years in jail – for a total of ten years.
  • SB 966 would reduce racial disparities in the criminal justice system. Although rates of drug use and sales are comparable across racial lines, people of color are far more likely to be stopped, searched, arrested, prosecuted, convicted, and incarcerated for drug law violations than are whites.
  • SB 966 will stop the cruel punishment of persons suffering from a substance abuse disorder.  People who suffer untreated substance abuse disorders often sell drugs to pay for the drugs that their illness compels them to consume. It is fundamentally unjust, as well as counterproductive, to put a sick person in jail to address behaviors better handled in a medical or treatment setting.

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For more information, view the complete fact sheet here.