The Roundup

Mar 27, 2007

Rewriting sentences

"The state Assembly on Monday approved a bill revising the state's sentencing guidelines, a response to a U.S. Supreme Court decision earlier this year that ruled California's current procedure unconstitutional," reports Don Thompson for the Associated Press.

"The Legislature is seeking to comply with the high court's decision that a defendant's sentence must be based on facts presented to the jury. Under current guidelines, many sentencing factors considered by judges are never presented to jurors.

"'Let's vote to make our sentencing law again constitutional,' said Assemblyman Jose Solorio, D-Anaheim, who carried the bill in the Assembly.

"The bill returns to the Senate, which is expected to pass it and send it to Gov. Arnold Schwarzenegger.

"Lawmakers were forced to make changes after the high court in January struck down California's Determinate Sentencing Law. In a 6-3 decision, the justices found that it improperly requires judges to choose the middle of three sentencing options unless the facts of a particular case justify a shorter or longer prison sentence."


"Gov. Arnold Schwarzenegger has quietly given substantial raises -- some exceeding 23% -- to top state administrators, claiming they deserve increased compensation to keep pace with the private sector and local government agencies," reports Peter Nicholas in the Times.

"Last year, the governor used a new state law to raise the salary of his prisons secretary to $225,000, a 71% increase that made James Tilton among the highest paid officials in California state government. Now Schwarzenegger is approving hefty pay hikes for 49 other officials.

"Cabinet secretaries, for example, will receive up to 22.7% more, and department directors up to 12.2%. The new salaries take effect April 1.

"'For the state to deliver these essential services for Californians, it has to pay competitive salaries,' said Aaron McLear, a spokesman for the governor's office. 'Right now, that's not happening.'"

Not everyone is sold that the raises are going to the right people, however.

"'I'm glad the governor recognizes the value of public service,' said J.J. Jelincic, president of the California State Employees Assn., which represents about 140,000 state workers. 'It's a shame he doesn't recognize the value of the people who actually do the work.'"

"A year after he backed off demands for state money for dams, Gov. Arnold Schwarzenegger is back to wage battle, saying Monday that he's in it to win the water fight he once compared to a 'holy war,'" reports E.J. Schultz in the Bee.

"'This is absolutely essential for the state of California because we need more water storage,' he told a crowd of dam supporters at Friant Dam east of Fresno.

"'You can't always get everything, and last year I said we'll be back, so this year we're back.'"

"The morning appearance, followed by a later speech at a meeting of the Rotary Club of Fresno, marked the beginning of a weeklong campaign to push a $4 billion water bond Schwarzenegger hopes to put on the 2008 ballot."

"A California lawmaker hopes to force illegal solo drivers out of carpool lanes by taking a page from the parents' handbook: He plans to use shame and guilt.

"State Sen. Abel Maldonado (R-Santa Maria) has introduced a bill that would encourage motorists to report carpool cheats. Those complaints would warrant warnings, not tickets," writes Jean Guccione in the Times.

"Maldonado believes that solo drivers would be less tempted to break the law if they knew extra eyes were watching them. 'It's important for public safety and to move the flow of traffic,' he said.

"Maldonado's bill, SB 889, would direct the state Department of Motor Vehicles to set up a toll-free number and e-mail address to report solo drivers in high-occupancy-vehicle lanes, except for those in qualified hybrid vehicles. California motorists already are encouraged to report drunken drivers by calling 911 on their cellphones."

If you make the call on your cellphone after July 1 without a hands-free device, must you report yourself too?

"State legislators looking into the subprime lending crisis appeared reluctant Monday to move too aggressively on restricting home loans to borrowers with credit problems," writes Tom Chorneau in the Chron.

"While the problem may be limited to a fraction of the real estate market, it has already led to layoffs at several lending companies and growing jitters on Wall Street over the housing industry.

"But lawmakers in Sacramento seemed uncertain whether consumers need new protections from loan products that have also allowed millions of buyers into a market that previously was not open to them.

"'A borrower comes into a lender's office and is interested in the American dream,' said Sen. Lou Correa, D-Santa Ana. 'And as long as real estate is going through the roof, can you honestly say that they shouldn't (take out a subprime loan)? That's a tough one.'

"Sen. Dave Cox, R-Fair Oaks (Sacramento County), pointed out that homes are lost for a variety of reasons including a loss of employment, divorce or failing health.

"'I hope we don't move into a direction of calling people who default on their loans victims,' he said. 'I believe that there are some risks that the borrower assumes and the lender assumes on a loan that gets people into houses.'

"'I don't think the Legislature should get involved in bailing people out.'"

"A Turlock attorney is working to undo key legislative changes made to the workers' compensation system in 2003 and 2004, pushing a ballot measure that state analysts estimate would add billions of dollars in costs for California employers," reports Gilbert Chan in the Bee.

"The proposal would allow injured workers to select their own doctor while empowering providers to decide a course of medical treatment without prior review by an insurer or employer.

"Injured workers and their attorneys have complained that lawmakers acted too hastily to curb surging insurance rates and enacted laws such as Senate Bill 899 that have caused undue delays in care.

"'The expense involved in getting medical treatment to the injured worker is horrendous,' said attorney William S. Morris, whose initiative is aimed at boosting medical benefits to injured workers and payments to physicians."

"Legislation will be debated Wednesday in the Senate Health Committee to permit the use of washed sperm from an HIV-positive donor to impregnate a consenting woman," writes the Chron's Greg Lucas.

"If signed into law, California would join 48 other states that allow the practice. Delaware is the other state that doesn't.

"Because of the increase in life expectancy of people with HIV, more people who have the virus are considering starting a family. Supporters of the bill -- SB443 by Sen. Carole Migden, D-San Francisco -- say the measure helps ensure the rest of the family stays HIV-free.

"'This isn't a gay issue. It's in society's interest to give these couples a safe method of reproduction,' said Migden. 'A clean procedure is available. Making it available in California is a positive step the government can take to produce healthy children.'"

"Plans for two massive dairies near a historic African American settlement rank as one of the top threats this year to the state's park system, according to the California State Parks Foundation," writes M.S. Enkoji in the Bee.

"The dairies, approved last week by Tulare County supervisors, could mean 12,000 cows grazing about a mile from Colonel Allensworth State Historic Park, a former village settled for and by African Americans.

"Rebuilt and restored by the state for $13 million, the village hosts summer gatherings that draw African Americans for history and picnicking. Park supporters argued that odor and flies from the dairy operations would kill park attendance.

"Proposed state legislation and other negotiations could still stop the dairies.

"On Monday, at the foundation's annual Park Advocacy Day, members and several state legislators stood on the steps of the state Capitol and pressed for attention to Allensworth's plight and other issues, such as a nearly $1 billion maintenance backlog at 278 state parks.

"'We're here to remind everyone today that this is not OK,' said foundation President Elizabeth Goldstein."

Meanwhile, Orange County finally has a new supervisor. "Janet Nguyen was named the First District Supervisor today -- winning by just three votes -- when a judge denied challenger Trung Nguyen's claim that the recount was illegal," reports the Register's Peggy Lowe.

"Superior Court Judge Michael Brenner said he found no improprieties with the Feb. 6 special election and added that he was "impressed" with Registrar of Voters Neal Kelley's operation.

"'There was no evidence of gaming the system,' Brenner said. 'There was a full and legal recount.'

"Trung Nguyen showed no emotion and Janet Nguyen briefly closed her eyes and smiled as Brenner handed down his decision in front of a packed courtroom.

"Janet Nguyen will be sworn in tomorrow at the weekly Board of Supervisors meeting. Trung Nguyen ducked the many reporters at the courthouse, but his lawyer, Michael Schroeder, said he expected to file an appeal of the judge's decision."

Finally, with Passover fast approaching, we have bad news for all you orthodox stoners.

"Cannabis is among the substances Jews are forbidden to consume during the week-long festival, which begins Monday, said Michelle Levine, a spokeswoman for the Green Leaf party.

"Biblical laws prohibit eating leavened foods during Passover, replacing bread with flat crackers called matza. Later injunctions by European rabbis extended those rules to forbid other foods like beans and corn, and more recent rulings have further expanded the ban to include hemp seeds, which today are found in some health oils — and in marijuana.

"Green Leaf is a small political party that supports the legalization of marijuana. Although it is by no means a Jewish religious authority, the group decided to warn its observant supporters away from the drug on Passover.

"'You shouldn't smoke marijuana on the holiday, and if you have it in your house you should get rid of it,' Levine said. The edict was first reported in The Jerusalem Post."
 
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