Proposition 36
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    Proposition 36 Ballot Language
    Revises three strikes law to impose life sentence only when new felony conviction is serious or violent. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety. Continues to impose life sentence penalty if third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession. Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

    State savings related to prison and parole operations that potentially range in the high tens of millions of dollars annually in the short run, possibly exceeding $100 million annually in the long run. Increased state and county costs in the millions to low tens of millions of dollars annually in the first few years, likely declining substantially in future years, for state court activities and county jail, community supervision, and court-related activities. (11-0057)

    Analysis from News10 Political Editor John Myers
    This is another chance for Californians to weigh in on a decision they first made in 1994 … a modification of the ‘Three-Strikes-You’re-Out’ law for a long prison sentence for repeat offenders.

    For years, stories have suggested the law snags too many people for non-violent offenses on that third 25-to-life offense.

    But opponents continue to say that prosecutors and judges already have discretion and that Prop 36 isn’t needed.

    The fight over this measure has been pretty subdued, especially compared to the 2004 version that voters defeated after a bitter last minute battle.

    It comes down to the voters’ sense of whether Three Strikes works… or doesn’t.