"California's sentencing law
violates the right to a jury trial because it allows judges to add years to a prison term based on their own fact-finding,
the U.S. Supreme Court ruled Monday in a case that will force the state to re-examine basic questions of crime and punishment," reports Bob Egelko in the Chron.
"The 6-3 ruling
could take four years off the 16-year sentence of a convicted child molester from Contra Costa County who challenged the law, and it could
shorten the terms of several thousand other prisoners who were given maximum sentences by judges.
It also requires the state to change its sentencing law while it struggles to contain the soaring costs of an overcrowded prison system.
'This is an opportunity to take an in-depth look at how things are functioning,' said new Attorney General
Jerry Brown, who as governor signed the 1977 law that the court struck down. 'In the meantime, there will be a significant number of cases that will have to be retried.'"
Dan Walters writes: "When the U.S. Supreme Court struck down California's basic criminal sentencing law Monday, its timing -- coincidentally and perhaps serendipitously --
could not have been more ironic.
U.S. Justice
Ruth Bader Ginsburg's majority opinion, although couched in obtusely polite legalese, sharply criticized the state Supreme Court, and its chief justice,
Ron George, for ignoring previous U.S. Supreme Court rulings cracking down on discretionary enhancements.
Several other states changed their sentencing laws in reaction to the previous rulings, but California didn't, and now -- having been judicially spanked -- must change its system. But how?
It could merely remove all judicial discretion on sentences but with prisons severely overcrowded, with federal judges threatening to seize control of the system, and with Schwarzenegger and lawmakers talking about a "sentencing commission" as part of a broader effort to re-establish rehabilitation, the stage is set for an immense political battle over who should serve how long for what crimes."
The Bee's Clea Benson reports: "Lawmakers need to
keep a sharp eye on all of the billions of dollars in proposed infrastructure projects to ensure that the state gets the most for its money, the Legislature's nonpartisan budget adviser said Monday.
The first $300 million of the $42.7 billion in public-works bonds voters approved in November could be allocated as soon as this week for school modernization projects.
Overall, Gov. Arnold Schwarzenegger has proposed spending $11 billion of the new bond funds in the fiscal year that begins July 1.
Legislative Analyst
Elizabeth Hill said lawmakers need to plan carefully and then keep tabs on the spending.
'We need to be sure we balance the practical considerations and timing,' she said.
H.D. Palmer, a spokesman for the state Finance Department, said the governor is planning to issue an executive order implementing new oversight procedures for bond spending that will be posted on the Internet."
Sen. Tom Torlakson, chairman of the Senate Appropriations Committee, sent out a release Monday announcing his committee would hold hearings on bond spending and oversight.
"Legislation is being drafted in the Capitol to
reopen public access to some police disciplinary hearings and records after a Los Angeles police officer was cleared of the shooting death of a 13-year-old boy," reports Aurelio Rojas in the Bee.
"A three-member disciplinary Board of Rights -- composed of two police officials and one civilian -- reached its decision this month in closed meetings even though the Police Commission found that the officer's conduct violated department policy.
The city also had agreed to pay $1.5 million to settle a wrongful-death lawsuit by the African American boy's family.
[Gloria] Romero and Assemblyman
Mark Leno, D-San Francisco, are writing legislation to increase transparency in disciplinary hearings. The lawmakers say they plan to work with law enforcement to balance officers' privacy rights against the public's right to know.
But even before the language is written, the legislation is drawing resistance from law enforcement groups that wield considerable clout in Sacramento.
'Personnel matters are typically not in the open, and I'm wondering whether in respect to officers, the reasons for confidentiality might be even more compelling,' said
John Lovell, a lobbyist for several law enforcement associations. 'You would be endangering the officer and his or her family.'"
The Bee's Shane Goldmacher writes: "For almost a decade, the state and local districts have split the costs of building new schools 50-50. But
the governor has proposed changing that formula to require that locals now cough up 60 percent of the costs.
That proposal has been met with uneasiness among local government and schools officials, and developers.
'It means either there is going to be fewer schools or the schools that are built will not have adequate facilities,' said
Tom Duffy, legislative director for the Coalition for Adequate Student Housing, an umbrella group representing both schools and builders. 'Districts are already not receiving the 50 percent they are promised and now you are saying you want to cut it back to 40 percent?'
Schwarzenegger administration officials defended the proposal, saying that local governments are faring better now than in the past and that school districts are already slated to receive more General Fund money in the future.
'Since school districts are going to be getting a greater share of the state's General Fund in the coming years, and in a time when they are seeing a growth in the local property tax revenues, we believe that this adjustment to the sharing ratio is important,' said
H.D. Palmer, a spokesman for the Department of Finance."
Student fees aren't the only thing going up at CSU campuses, reports the Chron's Jim Doyle. "
Twenty-eight of the California State University system's highest-paid executives are in line for another pay raise this week -- just
days after students learned they could face a 10 percent tuition increase next fall.
"The executive salary increase, scheduled to be considered today in Long Beach by the Board of Trustees, has drawn fire from state lawmakers who have criticized the chancellor for seeking additional pay while the faculty is bogged down in labor negotiations.
"The across-the-board 4 percent pay raise would apply to 28 of the CSU's key executives -- the presidents of its 23 campuses as well as Chancellor
Charles Reed and four of his top deputies. If approved, the pay raise will come with what amounts to a New Year's bonus for the administrators because
the higher salary would be retroactive to July 1 -- presumably meaning a fat catch-up paycheck.
Reed's annual salary of $362,500 would grow to $377,000 under his proposal.
And while tonight is
State of the Union Night, in Hollywood, this morning was Oscar Morning.
Reuters reports, "The musical drama "Dreamgirls"
led the Oscar field with eight nominations, but surprisingly failed to make the coveted best picture and directing categories, organizers said on Tuesday.
"Babel," a bold examination of the woes afflicting humanity in the early 21st century, followed with seven nominations, followed by Spanish-language adult fairy tale "Pan's Labyrinth" and the British royals drama "The Queen" with six each.
The mob thriller "The Departed" and the Africa-set drama "Blood Diamond" picked up five nominations each."
