Introduction

In 1994, California drastically changed the criminal sentencing scheme in California, which is known as the Three Strikes law. 

Background

The Three Strikes law was intended to put repeat offenders in prison for long periods of time and severely limit their chances of early release.  

The key features of the Three Strikes Law are as follows:

• If a person has one previous serious or violent felony conviction, the sentence for any new felony conviction (not just a serious or violent felony) is twice the term that is normally required by law.

• Third Strike Offense. If a person has two or more previous serious or violent felony convictions, the sentence for any new felony conviction (not just a serious or violent felony) is life imprisonment with the minimum term being 25 years.

• The statute requires consecutive, rather than concurrent, sentencing for multiple offenses committed by strikers. For example, an offender convicted of two third strike offenses would receive a minimum term of 50 years (two 25-year terms added together) to life.

• Unlimited Aggregate Term. There is no limit to the number of felonies that can be included in the consecutive sentence.

• Time Since Prior Conviction Not Considered. The length of time between the prior and new felony conviction does not affect the imposition of the new sentence, so serious and violent felony offenses committed many years before a new offense can be counted as prior strikes.

• Probation, Suspension, or Diversion Prohibited. Probation may not be granted for the new felony, nor may imposition of the sentence be suspended for any prior offense. The defendant must be committed to state prison and is not eligible for diversion.

• Prosecutorial Discretion. Prosecutors can move to dismiss, or "strike," prior felonies from consideration during sentencing in the "furtherance of justice."

• Limited "Good Time" Credits. Strikers cannot reduce the time they spend in prison by more than one-fifth (rather than the standard of one-half) by earning credits from work or education activities.