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N <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8` <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. 3685 <br />RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF COLTON, CALIFORNIA, EXPRESSING <br />OPPOSITION TO SB 42, THE DETERMINATE <br />SENTENCING ACT OF 1976 AS -DRAFTED AND <br />URGING IMMEDIATE EMERGENCY AMENDMENTS. <br />WHEREAS, under existing law. felony crimes are punishable by <br />various specified maximum and minimum periods of imprisonment in the State <br />prisons and on parole, known as the indeterminate sentence, with violent crimes <br />generally carrying with them a low minimum sentence and high maximum.sentence <br />so that the term -setting authorities of the State of California can retain <br />individuals in prison and/or under parole, and supervision when warranted; and <br />WHEREAS, SB 42.will, effective July 1, 1977, revise such pro - <br />i visions to fix mandatory sentences in three major ranges: 2, 3 and 4 years; <br />3, 4 and 5 years; and 5, 6 and 7 years; and said bill includes the following: <br />1. A retroactive provision for the release of individuals <br />in prison whose terms have exceeded the determinate <br />sentence range in their category of offense. <br />2. A provision for the granting of a one-third reduction <br />of.total sentence through "good time" credits. <br />3. A maximum limitation of,one year or less on parole for <br />non -lifers and three years on parole for lifers, with <br />the maximum permitted institutionalization by the parole <br />agent for a violation of parole being six months and said <br />six months counting toward the successful conclusion of <br />the parole. <br />4. Certain "enhancements" which are poorly drafted whereby <br />a Judge can add time for additional felonies, possession <br />of a weapon, and commission of bodily injury to, increase <br />a sentence; however, such"enhancements" are not mandatory <br />nor would they affect the application of "good time" <br />credits for the reduction of a sentence; and said bill <br />defines those "violent felonies" which qualify as "enhance- <br />ments" in a limited andincompletemanner; and <br />WHEREAS, under the new determinate sentencing law, robbery in <br />-the first degree carries with it, under the indeterminate sentence, a sentence <br />of five years to life, and robbery in the second degree which carries a <br />sentence of one year to life, will now be consolidated to carry a fixed term <br />