(Sacramento, CA) – The California State Assembly approved legislation today by Speaker pro Tempore Sally Lieber (D-San Jose) to create an independent California Sentencing Commission charged with devising criminal sentencing guidelines.

“I am pleased with today’s vote,” said Assemblywoman Lieber.  “It’s time to get serious about criminal sentencing in our state and take steps to rationalize a system that has become irrational.”

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.

A.B. 160 would create the Commission and empower it to devise sentencing guidelines generally.  The Commission would not be empowered to 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 by January 1, 2009.  Under the Commission’s charter, the new sentencing guidelines will be adopted automatically unless the Legislature acts to alter or reject them.