S.F. Prosecutor Vows to Limit ‘3 Strikes’ Cases

New Dist. Atty. Terence Hallinan says he won’t charge nonviolent crimes, such as drug offenses, under the “three strikes” law.

About 60% of the “three strikes” cases in San Francisco involve drugs, Hallinan told a neighborhood council at the end of his first week in office. A drug crime is “not something someone should be going to prison for 25 years for,” he said.

The office has not yet worked out the details of the policy, such as the definition of a “nonviolent” crime, said Paul Cummins, chief of the criminal division. But he said it would be a substantial change from the policy of Hallinan’s predecessor, Arlo Smith.

Smith’s prosecutors charged every provable felony that was covered by the law, but they were allowed to negotiate plea agreements on less serious charges before trial, Cummins said.

The 1994 law applies to all criminals with previous convictions for violent or serious felonies. With one “strike” on the record, the sentence for any new felony conviction is doubled. A criminal with two “strikes” must be sentenced to 25 years to life for a third felony.

Cummins said that only 15% of the city’s second- and third-strike prosecutions were for new serious or violent crimes.

He said he did not know whether any other California counties had similar policies. In Alameda County, Dist. Atty. Tom Orloff allows prosecutors to refuse to file any new felony charge as a “strike” if they conclude that it would be unjust.

A number of judges have also sought to spare defendants from mandatory “third strike” sentencing for nonviolent crimes. But prosecutors have disputed judges’ authority to exempt defendants, and the state Supreme Court is reviewing the issue.