Proposition 57

Criminal Sentences. Parole, Juvenile Criminal Proceedings and Sentencing.

"Public Safety and Rehabilitation Act of 2016"

initiative constitutional amendment & statute

*PASSED*

Official Summary

Allows parole consideration for nonviolent felons. Authorizes sentence credits for rehabilitation, good behavior, and education. Provides juvenile court judge decides whether juvenile 14 yrs or older will be prosecuted as adult.

Fiscal Impact: Net state savings likely in the tens of millions of dollars annually, depending on implementation. Net county costs of likely a few million dollars annually

• Official CA Voter Guide Summary
• Legislative Analyst Office Analysis
• Show Me The Money (as of Oct 22)
  • support: $11,425,000
  • oppose:  $600,000
• Ballotpedia Summary

Notes

• as of June 2016, there are 128,000 people in state prison
• individuals are often convicted of a primary offense plus additional lesser crimes at the same time
• many individuals with determinate sentences (fixed prison sentence, like '10 years' and not, for example, '25 to life') are eligible for parole hearings after serving half their sentence
• juvenile offenders usually have indeterminate sentences
• juveniles can be sent to adult court in these cases:
  • seriousness of crime (murder, specific sex offenses)
  • at discretion of prosecutor based on criminal history
  • at discretion of judge based on hearing
• in 2015, less than 600 youths were sent to adult court
• counties pay for juvenile incarceration in general (just a portion for juvenile state facilities)
• proposal details
  • allows parole consideration for persons convicted of nonviolent felonies upon completion of prison term for their primary offense
    • as of Sept 2015 approx 30,000 individuals would be affected
    • estimated at approx 7,500 each year
    • currently serve 2 yrs before parole eligibility, change would make that timeframe 1.5 yrs
  • requires Dept of Corrections & Rehabilitation (DOCR) to adopt regulations to implement new parole and sentence credit provisions and certify that they enhance public safety
  • requires that youths 14 yrs and over first be given a hearing at juvenile court, not popped up to adult court automatically based on crime or history
  • limits transfer of youths to adult court based on significant crime (murder, robbery, certain sex offenses) when 14 or 15, or a felony when 16 or 17
• near term, parole expenses would go up

Proposition 62

Death Penalty.

"Justice That Works Act of 2016"

initiative statute

*Failed*

Official Summary

Repeals death penalty and replaces it with life imprisonment without possibility of parole. Applies retroactively to existing death sentences. Increases the portion of life inmates' wages that may be applied to victim restitution (from 50% to 60%).

Fiscal Impact: Net ongoing reduction in state and county criminal justice costs of around $150 million annually within a few years, although the impact could vary by tens of millions of dollars depending on various factors.

• Official CA Voter Guide Summary
• Legislative Analyst Office Analysis
• Show Me The Money (as of Oct 22)
  • support: $9,000,000
  • oppose:  $10,500,000
• Ballotpedia Summary

Notes

• persons found guilty of first degree murder and sentenced to life without possibility of parole must work while in prison as prescribed by DOCR (Dept of Corrections and Rehabilitation); currently cannot work due to security restrictions
• since 1978, 930 individuals in CA have received a death sentence (in recent years an average of 20/yr), 15 have been executed (none since 2006), 103 died before execution, 64 had sentences reduced, 748 in prison now
• current death sentences are automatically appealed
• the state currently spends $55 Million annually on legal challenges for death sentences
• Related: Proposition 66 changes procedures in Death Penalty cases

Proposition 66

Death Penalty. Procedures.

"Death Penalty Reform and Savings Act of 2016"

initiative statute

*pending*

Official Summary

Changes procedures governing state court challenges to death sentences. Designates superior court for initial petitions and limits successive petitions. Requires appointed attorneys who take noncapital appeals to accept death penalty appeals. Exempts prison officials from existing regulation process for developing execution methods.

Fiscal Impact: Unknown ongoing impact on state court costs for processing legal challenges to death sentences. Potential prison savings in the tens of millions of dollars annually.

• Official CA Voter Guide Summary
• Legislative Analyst Office Analysis
• Show Me The Money (as of Oct 22)
  • support: $12,500,000
  • oppose:  $10,280,000
• Ballotpedia Summary

Notes

• establishes time frame for state court death penalty review
  • total of 5 years max instead of current system when it could take decades
• under current law, death penalty verdicts are immediately appealed ("direct appeal") to California Supreme Court, then they can ask the US Supreme Court to review the case
• many cases also involve Habeas Corpus appeals, in the California Supreme Court and the federal courts
• Habeas Corpus petitions - new
  • must be first heard in trial courts by the judge that handeled the original trial, instead of California Supreme Court (within 1 year of original verdict). Next step would be the Court of Appeals (must file within 30 days of trial court appeal verdict), then California Supreme Court
  • must be filed within 1 year of attorney appointment, currently about 5 years
  • limits to one petition
  • Habeas Corpus Resource Center board dissolved, Center put under California Supreme Court, and its attorneys shall be paid the same as public defenders
• Califonia Supreme Court appoints attorneys for inmates that cannot afford them; currently 409 are waiting to get attorneys appointed
• authorizes death row inmate transfers among California prisons
• increases portion of condemned inmates' wages that may be applied to victim restitution (from 50% wages to 70%, including wages and trust account deposits)
• exempts the state's execution procedures from the Administrative Procedures Act, trial court would offer valid method of execution (lethal gas or lethal injection)
• states that other death penalty measures are void if this one receives more votes
• Related: Proposition 62 abolishes the Death Penalty in California , but if this gets more votes, the death penalty stays put

Proposition 36 : 3 Strikes Law

Official title : Three Strikes Law. Repeat Felony Offenders. Penalties. Initiative Statute.

State analysis       /    Money trail

Summary :

1. Revises three strikes law to impose life sentence only when new felony conviction is serious or violent, and certain sex, drug and gun felonies.
2. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and  offender does not pose unreasonable risk to public safety. Currently 25 yrs to life, change would be to double the normal term, with some exceptions for certain sex, drug and gun prior felonies.
3. Maintains life sentence penalty for felons with nonserious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

Notes:

1. Current 3 strikes law says that if a person who is convicted of a felony, and who previously has been convicted of one or more violent or serious felonies
   1. if they had 1 previous serious felony and new crime is a violent felony, the term is doubled.
   2. if they
   3. if they had 2 previous serious felonies and they commit a new crime (felony or not), the term is life, parole a possibility after 25 years.
   4. As of March 2012, about 33,000 inmates were second strikers and 9,000 were third strikers.
   5. Savings expected to be $70M annually.