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 34 : Death Penalty

Official title : Death Penalty. Initiative Statute.

State analysis     /    Money trail

Summary :

1. Repeals death penalty and replaces it with life imprisonment without possibility of parole, and they must work while in prison with their wages subject to deductions to be applied to any victim restitution fines or orders against them.
2. Directs $100 million to law enforcement agencies for investigations of homicide and rape cases, paid over the next 4 years (SAFE California Fund).

Notes:

1. Inmates are currently required to work. Change is that this would require every person found guilty of murder to work and have their pay deducted for any debts they owe to victims of crime.
2. Any death penalty verdict is automatically appealed to the CA Supreme Court. Current death penalty appeals would move from the CA Supreme Court to Court of Appeal or Superior Court.
3. Annual savings for trials estimated at $100M annually.
4. First degree murder with special circumstances is the only crime where the death penalty is applicable.
5. Since the current death penalty law was enacted in California in 1978, around 900 individuals have received a death sentence. Of these, 14 have been executed, 83 have died prior to being executed, and about 75 have had their sentences reduced by the courts. As of July 2012, California had 725 offenders in state prison who were sentenced to death.