Jail costs could steal school cash

By Andrea DiPietro, Forty-Niner Online
Oct. 17, 1994

The three-strikes initiative on November's ballot, aimed at ensuring stricter sentencing for violent criminals, is being backed by California law makers but faces criticism from higher education officials.

The three-strikes law passed by the state Legislature in March under the Jones Bill, is designed keep violent, repeat offenders in prison.

According to the Higher Education Policy Center, a non-profit organization that promotes awareness on issues effecting higher education, the law requires that judges double the normal sentence for any second felony if the first or second convictions were for violent or serious crimes.

The law also requires triple the normal sentence, with a minimum twenty-five-year jail term, for any third felony if the other two were for violent or serious crimes.

Violent felonies include murder, violent robberies, and assaults causing injury or involving weapons. Serious felonies include other types of robberies, arson and other violent felonies.

The initiative was introduced by Mike Reynolds, whose daughter was killed by a repeat criminal. The initiative and the Jones Bill are written identically. The difference is that the March law can be changed by a two-thirds vote in the legislature while the initiative can only be changed by a public vote.

There has been debate over whether California can afford the initiative due to the cost of building and staffing prisons, as well as incarcerating criminals.

There are certain programs which are mandated under law to receive money from California's general fund. Public education funds for grades K-12, and Medicaid are two such programs.

Higher education and corrections share the remaining 30 percent of the general fund.

"It will cost more than 30 percent to build and operate the prisons,'' said criminal justice Professor Wally Zemans. "The law fails to deal with the root causes of the problems and also it is flawed in its writing because only the third act had to be a felony, not just the first or second."

Gov. Pete Wilson has made the three-strikes law part of his re-election campaign.

"Education and corrections are both equal priorities of the governor. The importance of education can't be under-stressed," said Brad Hill, a representative for Gov. Wilson.

Wilson's main argument for supporting the initiative is that incarcerating felons will save money.

Democratic gubernatorial candidate Kathleen Brown also supports the initiative, but not as defined by Gov. Wilson.

"Kathleen Brown does not support Pete Wilson's version of the three-strikes initiative which includes misdemeanors. This will cause absolute gluttony of our judicial system, and cost billions of dollars," said a representative for Brown.

Educators fear that California's new three-strikes law will jeopardize the state's ability to sufficiently fund higher education.

"Both the law enforcement aspect and education are very critical," said Garden Grove Mayor and part-time CSULB faculty member Frank Kessler. "You can't rob Paul to pay Peter as it relates to higher education."

Student reactions to the three-strikes initiative at CSULB varied from that of the faculty.

"As far as crime goes, it's good for some things, but it doesn't take into account each specific crime," said Daymond Rice, a senior political science major. "It's such a blanket law when you look at how it's organized."

"I don't think education has anything to do with three strikes," said liberal studies major Laura Conrada. "Our state has no money. Taxes will go up before tuition goes up, so everyone will pay."


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