(Sacramento, CA) –Legislation authored by California Assembly Speaker pro Tempore Sally Lieber (D-San Jose) creating an independent California Sentencing Commission charged with devising criminal sentencing guidelines will be debated and put to a vote Wednesday, June 6th, on the floor of the Assembly.

“We have a historic opportunity in the wake of the passage of AB 900 to reform thirty years of piecemeal modifications to California’s sentencing laws.  The Commission concept has been used successfully in other states to address this issue," said Lieber.  "This bill would create a truly independent commission that is carefully balanced and chaired by the Chief Justice of the California Supreme Court.”

Under the provisions of A.B. 160, authority to appoint members of the Commission will be distributed among the Governor and both houses of the Legislature.  The Chief Justice of the Supreme Court will serve as the permanent Chair of the Commission.  Four members will be ex officio: the Attorney General, the Secretary of the Department of Corrections and Rehabilitation, the Director of the Department of Finance, and the State Public Defender.                      

Similar commissions in other states have been successful in balancing sentencing policy and prison resources.  In recent months, the Governor has repeatedly indicated his support for such a commission.  Although it’s anticipated that a commission would help in balancing prison resources, Lieber reiterated that sentencing guidelines and prison overcrowding must be dealt with as separate subjects.

“Developing appropriate sentences for criminal acts must be considered independent of dealing with the issue of prison overcrowding,” explained Lieber.

A.B. 160 would create the Commission and empower it to devise sentencing guidelines generally.  The Commission would not review “Three Strikes” sentencing, or any other sentencing law created by voter initiative.  The Commission would also analyze legislation that would modify sentencing and provide data and recommendations to the Legislature.

The Commission would issue a first report and recommendations in 2008.  Under the Commission’s charter, the new sentencing guidelines will be adopted automatically unless the Legislature acts to alter or reject them.