Capitol Alert

Drug sentencing reform + Republicans try to rein in Newsom + Small businesses face closure

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WIENER INTRODUCES DRUG SENTENCING REFORM

Sen. Scott Wiener has introduced a bill that would roll back mandatory minimums for certain drug offenses, giving judges flexibility to order probation instead of prison time for things like possessing opiates or cultivating peyote.

Senate Bill 73 is sponsored by the Drug Policy Alliance.

Jeannette Zanipatin, the alliance’s state director for California, called the bill a “step in the right direction” to address racial inequities in the criminal justice system.

“SB 73 is one critical reform that California can take to reduce mass incarceration, which costs California billions of dollars each year that the state should be investing in schools, infrastructure, healthcare, job training and other critical services to make our communities and economy stronger.”

Under current law, mandatory minimums often apply for people with prior drug convictions or specific amounts of banned substances.

The Drug Policy Alliance has made the case that getting rid of mandatory minimum sentences could help reduce California’s spending on incarceration. The state spends about $16 billion per year on its correctional system. The organization says community-based treatment is more effective.

Wiener has also introduced a bill, SB 57 — also sponsored by the Drug Policy Alliance — that would aim to prevent overdoses by allowing San Francisco, Los Angeles and Oakland to create safe and hygienic spaces where people can use drugs.

CUNNINGHAM BILL TO LIMIT GOVERNOR POWER

In a move sure to be unpopular with Gov. Gavin Newsom, Assemblymen Jordan Cunningham, R-San Luis Obispo, and Vince Fong, R-Bakersfield, have introduced a bill that would limit the governor’s emergency powers to change laws and regulations.

Under AB 108, the governor would need approval from the Legislature to extend emergency powers beyond 60 days.

Cunningham’s office says that the bill is intended to “restore balance” between the governor’s office and the Legislature.

“California has been under a governor-issued state of emergency for 287 days, and for 287 days, the governor has been unilaterally changing laws and regulations with zero input from the Legislature,” said Cunningham. “The Legislature is a co-equal branch of government. Under our Constitution, it is supposed have the principle lawmaking powers of the state. It’s time to restore California to a constitutional democracy, and ensure that a governor no longer has unlimited and indefinite and unilateral power.”

CALIFORNIA SMALL BUSINESSES ARE STRUGGLING

A new survey released by Small Business Majority finds that nearly a third, 28%, of California small businesses say they may be forced to close in the next three months, with 17% saying the closures would be permanent.

The poll surveyed 418 California small businesses, nearly half of which are owned by people of color. More than 60% of businesses said that they have not restored employee counts to pre-pandemic levels.

“California small businesses have been pushed to their limit as they struggle to find ways to remain open,” said Mark Herbert, Small Business Majority’s vice president. “More than half report their revenues are still down compared to this time last year and entrepreneurs of color are more likely to be facing permanent closure.”

QUOTE OF THE DAY

“I just met with a group of local restaurant owners, outside with distancing. I see my job as a Legislator to be essential. They see theirs the same way.”

- Assemblyman Kevin Kiley, R-Rocklin, via Twitter.

Best of the Bee:

  • Gov. Gavin Newsom, already facing a recall effort and a number of lawsuits over his stay-at-home orders, may soon face a new challenge: an effort to depose him and other top state officials over their response to the COVID-19 pandemic, via Sam Stanton.

  • California’s historically strong population growth has ground to a near halt, new data show, as far more people moved to other states than moved here from elsewhere in the United States. The birth rate also continued to drop and older Baby Boomers passed away, some from COVID-19, via Tony Bizjak.

  • Across the state, intensive care units are filling up. In the Sacramento region, less than 15% of beds are available. In Southern California, capacity has fallen below 2%. The Central Valley’s available ICU capacity dropped to zero over the weekend, but has since increased to 1.6%, via Sophia Bollag.

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