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Kansas Senator Derek Schmidt plans to introduce a measure that would make prison time mandatory for individuals convicted of three or more felonies. It’s currently common for repeat offenders to only get probation, particularly in cases where the third offense is a property crime.

A Possible Deterrent

“When the crime is low on the sentencing grid but still a felony, it is normal to get probation even with multiple prior felony convictions,” Schmidt said. “There is a logical rationale for it. It has been about rationing prison space.”

This rationing means that prison space is reserved for those who commit more serious felonies. Schmidt argues, however, that imprisoning repeat felons will eventually serve as a deterrent.

“I have a strong suspicion that if we go this route, we will see a sharp spike in the first year or two, and then a sharp decline after that,” he said.

Different From Typical “Three Strikes” Laws

Schmidt’s plan is not like “three strikes” laws in other states that mandate life imprisonment for a third felony conviction. According to Schmidt, this results in situations where a person gets life for low-level felonies like theft.

“If the new crime is battery, they should do time for battery. If the new crime is theft, they should do the time for theft. But they should actually do the time, period,” said Schmidt.

Support of the Proposal in Question

Schmidt doesn’t know how many supporting votes he might have, although he says there has been support for his proposal by law enforcement agencies and officials.

The state Legislature convenes in January 2008, at which time his bill will be considered.

(Source: The Hays Daily News online)

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