Connecticut Local Politics

The Senate approved home-invasion legislation and other reforms, but torpedoed a measure that would have altered the existing “three strikes” rule for serial offenders.

The so-called “three-strikes” amendment called for a Superior Court review of a third-time offender’s sentence after 30 years or after the inmate is eligible for release, whichever is later.

“We don’t want people going into corrections on the installment plan and being cycled out and committing these horrible crimes,” said Enfield Sen. John Kissel, R-District 7.

Democrats, acknowledged that the Republican proposal was a tempting law-and-order issue, but argued that judges need flexibility [when] imposing sentences on violent criminals.

“I urge you not to take that discretion away,” said Guilford Sen. Edward Meyer, D-District 12. (WFSB)

However, the current “three strikes” law has been changed a bit to make it easier for prosecutors to apply the rule.

It’s worth pointing out that, according to the Journal-Inquirer, the three-strikes law wouldn’t have prevented the Cheshire murders, and the bill tellingly makes no provision for prison expansion or construction. Plus, a quick (very quick) scan of the academic literature shows that maybe three-strikes laws aren’t as effective as we’d like to believe. The full article (subscription only) concludes:

Consistent with other studies, ours finds no credible statistical evidence that passage of three strikes laws reduces crime by deterring potential criminals or incapacitating repeat offenders. The results of the aggregate law variable analysis provided no evidence of an immediate or gradual decrease in crime rates, and homicide rates were actually positively associated with the passage of three strike laws. The findings for the state-specific analysis were mixed, with some states showing increases in some crimes, and others showing decreases. Overall, 29 of the 147 tests were negative and significant, indicating that three strikes laws reduced crime, while 31 demonstrated a statistically significant increase in crime. (Kovandzic et. al.)

This is a little troubling, and suggests that making the existing three-strikes law harsher may not have the effect we’re all hoping for. The existence of that law was not at issue, however–just its application. The current three-strikes law has in fact been amended by this bill to allow prosecutors to easily apply the rule to serial offenders. Which means that in essence it has become harsher without taking away sentencing powers from judges–which is what the Democrats were arguing a mandatory 30-year sentence would do.

What the Bill Does

Here’s a brief list of what the Senate bill does do. This information comes from a Senate Democrats’ press release, which was sent out after the unanimous passage of the bill:

· Creates the new crime of Home Invasion (minimum 10 years in prison).

· Makes persistent offender law easier to apply – so the most violent career criminals will be kept off the street.

· Replaces the inadequate part-time parole board with a full-time, trained professional board (with risk assessment tool).

· Improves notification services for victims.

· Increases the number of staff-secure, diversionary, and re-entry beds for parolees and sex offenders with treatment and counseling.

· Requires GPS monitoring for approx. 300 more parolees.

· Creates a state-of-the-art information technology system so all appropriate agencies can instantly share information.

· Invests in re-entry programs in Hartford, New Haven, and Bridgeport.

· Terminates re-entry furloughs for those near the end of their sentences – which is currently offered without any services / protections to the public.

· Ends Administrative Review for parolees and requires an in-person or video hearing before a person is paroled, with notice to the victim and an opportunity to be heard.

CT News Junkie has another report on the current bill, which includes the text and analysis. The bill now heads to the House, which is expected to pass it.

Sources
Tomislav V Kovandzic, John J Sloan III, Lynne M Vieraitis. “”STRIKING OUT” AS CRIME REDUCTION POLICY: THE IMPACT OF “THREE STRIKES” LAWS ON CRIME RATES IN U.S. CITIES. ” Justice Quarterly : JQ 21.2 (2004): 207-239. Criminal Justice Periodicals. ProQuest.

“Senate Approves New Home Invasion Law.” WFSB/AP. 22 January, 2008.