Prop 36 passage draws mixed reaction from the legal community

Concerns over crime increase and taxpayer costs

Now under the revised three strikes law, only someone with two previous strikes who is convicted of committing a serious or violent felony will get a life sentence in prison.

Two strikers who are convicted of a nonviolent crime will get twice the ordinary prison sentence.

Also, three strikers currently serving life sentences for non serious crimes can petition for resentencing to a shorter term.

"It's both good for our clients and good for taxpayers.Taxpayers won't be on the hook for paying for decades of incarceration," said Public Defender Konrad Moore.

Supporters of prop 36 say it will save taxpayers more than $100 million annually.

Spielman says under the revised law, 3000 inmates statewide will be released.

"If you wholesale release habitual criminals, you're going to have more crime on the streets," said Spielman.

Moore says not true.

"For example Steve Cooley, the outgoing DA in Los Angeles, his office for a number of years has been following the practice that has now been codified by the initiative and he has gone on record saying crime rates are at historic lows in los angeles county," said Moore.

Spielman argues crime will go up, just like it did with AB 109's prison realignment.

"There's going to be more arrests, more court cases filed, more incarcerations,"  said Spielman.

Spielman says new offenses or resentencing 3 strikers will create more cases for an already congested court system at the cost of taxpayers.

"We'll be paying for a prosecutor, defense attorney, a lawyer, probation officer, court staff. So I don't know where you'll find the cost savings," said Spielman.

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