California Proposition 20, Criminal Sentencing, Parole, and DNA Collection Initiative (2020)
California Proposition 20 | |
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Election date November 3, 2020 | |
Topic Law enforcement | |
Status![]() | |
Type State statute | Origin Citizens |
California Proposition 20, the Criminal Sentencing, Parole, and DNA Collection Initiative, was on the ballot in California as an initiated state statute on November 3, 2020. Proposition 20 was defeated.
A "yes" vote supported this initiative to add crimes to the list of violent felonies for which early parole is restricted; recategorize certain types of theft and fraud crimes as wobblers (chargeable as misdemeanors or felonies); and require DNA collection for certain misdemeanors. |
A "no" vote opposed this initiative to add crimes to the list of violent felonies for which early parole is restricted; recategorize certain types of theft and fraud crimes as wobblers (chargeable as misdemeanors or felonies); and require DNA collection for certain misdemeanors. |
Election results
California Proposition 20 |
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Result | Votes | Percentage | ||
Yes | 6,385,839 | 38.28% | ||
10,294,058 | 61.72% |
Overview
What would Proposition 20 have changed about criminal sentencing and supervision policies in California?
- See also: Initiative design
Proposition 20 would have amended several criminal sentencing and supervision laws that were passed between 2011 and 2016.[1]
The ballot initiative would have made specific types of theft and fraud crimes, including firearm theft, vehicle theft, and unlawful use of a credit card, chargeable as misdemeanors or felonies, rather than misdemeanors. The ballot initiative would have also established two additional types of crimes in state code—serial crime and organized retail crime—and charge them as wobblers (crimes chargeable as misdemeanors or felonies).[1]
The ballot initiative would have required persons convicted of certain misdemeanors that were classified as wobblers or felonies before 2014, such shoplifting, grand theft, and drug possession, along with several other crimes, including domestic violence and prostitution with a minor, to submit to the collection of DNA samples for state and federal databases.[1]
As of 2020, the California Department of Corrections and Rehabilitation (DCR) had a parole review program in which felons convicted of nonviolent crimes, as defined in law, could be released on parole upon completing their sentence for his or her offense with the longest imprisonment term. The ballot initiative would have required the parole review board to consider additional factors, such as the felon's age, marketable skills, attitude about the crime, and mental condition, as well as the circumstances of the crimes committed, before deciding whether to release a felon on parole. The ballot initiative would have allowed prosecutors to request a review of the board's final decision. The ballot initiative would have also defined 51 crimes and sentence enhancements as violent in order to exclude them from the parole review program.[1]
As of 2020, counties were responsible for supervising paroled felons convicted of non-serious and non-violent crimes, as defined in law, and who were not classified as high-risk sex offenders nor classified as needing treatment from the state Department of Mental Health. Counties had discretion on whether to petition the judicial system to change a felon's post-release supervision terms or status. Proposition 20 would have required local probation departments to ask a judge to change the conditions or status of a felon's post-release supervision if the felon violated supervision terms for the third time.[1]
What existing laws would this ballot initiative have changed?
The ballot initiative was designed to make changes to AB 109 (2011), Proposition 47 (2014), and Proposition 57 (2016)—three measures that were each intended to reduce the state’s prison inmate population. According to Assemblyman Jim Cooper (D-9), the goal of the initiative was to "[reform] the unintended consequences of reforms to better protect the public."[2] Former Gov. Jerry Brown (D) disagreed with Cooper's assessment, saying the initiative was the "latest scare tactic on criminal justice reform."[3]
Before Proposition 47 and Proposition 57, and a month after the passage of AB 109, the U.S. Supreme Court ruled that overcrowding in the state's prisons resulted in cruel and unusual punishment and affirmed a lower court's order to reduce the prison population. AB 109 shifted the imprisonment of non-serious, non-violent, and non-sexual offenders, as defined in state law, from state prisons to local jails. AB 109 also made counties, rather than the state, responsible for supervising certain felons on parole. Proposition 47, which voters approved in 2014, changed several crimes, which the measure considered non-serious and non-violent, from felonies or wobblers to misdemeanors. Former Gov. Brown (D) developed Proposition 57, which voters approved in 2016. Proposition 57 increased parole chances for felons convicted of nonviolent crimes, as defined in state law, and gave them more opportunities to earn sentence-reduction credits for good behavior.
The Center on Juvenile and Criminal Justice, a nonprofit based in San Francisco, described AB 109 and Propositions 47 and 57 as successful sentencing reforms that reduced overcrowding in state prisons.[4] Andrew Do, chair of the Orange County Board of Supervisors, described the measures as "California’s dangerous trifecta."[5]
Initiative design
Click on the arrows (▼) below for summaries of the different provisions of the ballot initiative.
Penalities for theft-related crimes: classifying certain misdemeanors as wobblers
Background: Proposition 47 (2014)
In 2014, voters approved Proposition 47, which reduced penalties for certain theft-related crimes from felonies or wobblers (crimes chargeable as felonies or misdemeanors) to misdemeanors. Proposition 47 reduced penalties for grand theft of items valued at $950 or less; shoplifting of items valued at $950 or less; receiving stolen items valued at $950 or less; and writing a bad check or forging a check written for $950 or less.
Reclassification of misdemeanor crimes as wobbler crimes
The 2020 ballot initiative would have amended Proposition 47 to make specific types of grand theft, shoplifting, and fraud—no matter the value of the stolen or fraudulent items—chargeable as wobbler crimes, rather than misdemeanors. These changes would have affected:[1]
- firearm theft;
- theft from an elder;
- identity theft;
- theft or unauthorized use of a vehicle;
- unlawful use, sale, or transfer of an account access card, such as a credit card or debit card; and
- forgery of an account access card.
Codification of serial crime and organized retail crime
The ballot initiative would have established two additional types of crimes in state code—serial crime and organized retail crime—and define them as follows:[1]
- serial crime: a person with two or more prior convictions for theft-related crimes committed on separate occasions would be charged with serial crime if the person is later convicted of shoplifting or petty theft of property worth more than $250.
- organized retail crime: a person, acting with one or more other persons, who commits two or more thefts of retail property or merchandise with a combined value of more than $250 during a period of 180 days would be charged with organized retail crime.
Convictions of serial crime and organized retail crime would have been charged as wobblers, meaning these crimes could be charged as either misdemeanors or felonies based on a court's decision. The punishment for serial crime and organized retail crime would have been imprisonment of up to three years.[1]
DNA collection: requiring collection for specific misdemeanors
Background: Proposition 47 (2014)
In California, state and local law enforcement agencies are required to collect DNA samples from adults and juveniles convicted of felonies, arson, or crimes requiring them to register as sex offenders. The state Department of Justice files the DNA profiles with the Federal Bureau of Investigation (FBI).
When Proposition 47 was approved in 2014, several crimes were changed from felonies to misdemeanors, meaning the government was no longer required to collect DNA samples from individuals convicted of those misdemeanors.
DNA collection for certain misdemeanors
Proposition 20 would have required state and local law enforcement agencies to collect DNA samples from adults for several crimes that were changed from felonies to misdemeanors via Proposition 47. The misdemeanor crimes that would have required DNA samples include:[1]
- shoplifting;
- grand theft;
- receiving stolen items when the recipient knows the items were stolen;
- forging a check, bond, or bill;
- check, draft, or order fraud; and
- possessing a controlled narcotic substance classified in Schedule III, IV, or V, except as provided by a physician.
The ballot initiative would have also required law enforcement agencies to collect DNA samples from adults for several crimes that Proposition 47 did not affect, including:[1]
- domestic violence;
- prostitution with a minor;
- battery against a current or former spouse, cohabitant, parent of the offender's child, fiancé or fiancée, or person who the offender was in a dating relationship with;
- corporal injury resulting in a traumatic condition against a current or former spouse, cohabitant, parent of the offender's child, or fiancé or fiancée; and
- willfully causing or willfully permitting great bodily harm or death to an elder or dependent adult.
Criteria to consider in nonviolent offender parole program: additional factors to consider before deciding parole
Background: Proposition 57 (2016)
In 2016, voters approved Proposition 57, which required the California Department of Corrections and Rehabilitation (DCR) to enact a parole review program in which felons convicted of nonviolent crimes could be released on parole upon the completion of the sentence for his or her offense with the longest imprisonment term. Proposition 57 added this requirement for the DCR to the California Constitution as Section 32 of Article I.
The DCR excluded certain felonies, which were deemed violent, from the parole program, including murder; attempted murder; mayhem; arson; rape; kidnapping; carjacking; extortion; robbery; first-degree burglary; crimes requiring registration as sex offenders; and crimes that could receive capital punishment or life imprisonment.[6]
The DCR established a parole program in which the department reviews an inmate's institutional record, evaluates the inmate's threat to public safety, and decides whether to refer the inmate to the Board of Parole Hearings (BPH) for parole consideration. Before making a decision about parole for an offender, the BPH is required to review:[7]
- an inmate's criminal history;
- an inmate's institutional records; and
- input from the inmate, victims, victims' families, and the district attorney’s office that prosecuted the offender.
Right of prosecutors to request review of parole decision
Proposition 20 would have allowed prosecutors to review an inmate's information. The ballot initiative would have allowed prosecutors to request a review of the BPH's final decision regarding parole.[1]
DCR to make reasonable effor to locate victims
Citing the California Marsy's Law Amendment, the ballot initiative would have required the DCR to give reasonable notice to crime victims before an inmate is reviewed for parole, allow victims to be heard in parole considerations, and allow victims to participate in the review process. The ballot initiative would have required the DCR to make a reasonable effort to locate and contact crime victims who were not registered with the state.[1]
Criteria for the BPH to consider whether an inmate is unsuitable for parole
Proposition 20 would have created two sets of criteria for the BPH to consider. The first set of criteria would have addressed whether an inmate is unsuitable for parole. The second set of criteria would have addressed whether the inmate is suitable for parole.[1]
The criteria the BPH would have needed to consider when deciding whether an inmate is unsuitable for parole include:[1]
- the inmate's juvenile and adult criminal history;
- the inmate's institutional behavior;
- the inmate's past and present attitude about the crime;
- the inmate's past and present mental condition;
- input from the inmate, victims, and prosecutors; and
- circumstances of the crimes committed, including
- whether the crime involved multiple victims,
- whether the crime took advantage of the victim's vulnerability due to age or mental or physical disability,
- whether the crime took advantage of a position of trust,
- whether the offender was armed with or used a firearm or other deadly weapon,
- whether the victim suffered great bodily injury,
- whether the crime was committed in association with a criminal street gang,
- whether the offender occupied a position of dominance over other participants in committing a crime,
- whether the offender induced others to participate in committing a crime,
- whether the offender had a clear opportunity to cease but instead continued,
- whether other criminal conduct was an integral part of the crime,
- whether the crime created a potential for serious injury to persons other than the victim,
- whether the offender was on probation, parole, post-release community supervision, or mandatory supervision when the crime was committed,
- whether the offender was on pre-conviction or post-conviction release when the crime was committed,
- whether the offender was in custody or had escaped from custody at the time the crime was committed,
- whether the offender had a prior history of violence,
- whether the offender had engaged in misconduct in prison or jail, and
- whether the offender was incarcerated for multiple cases from the same or different counties.
Criteria for the BPH to consider whether an inmate is suitable for parole
The criteria the BPH would have needed to consider when deciding whether an inmate is suitable for parole include:[1]
- the offender does not have a juvenile record of assaulting others or committing crimes with a potential of harm to victims;
- the inmate lacks a history of violent crime;
- the inmate has a minimal or no criminal history;
- the inmate has demonstrated remorse;
- the inmate’s age reduces the risk of recidivism;
- the inmate has made realistic plans and developed marketable skills that can be used following release;
- the inmate’s institutional activities show an ability to function within the law following release;
- the inmate participated in the crime under partially excusable circumstances;
- the inmate had no apparent predisposition to commit the crime but was induced by others to participate;
- the inmate was a passive participant or played a minor role in committing the crime; and
- the crime was committed due to or during an unusual situation unlikely to reoccur.
Crimes defined as violent: crimes not eligible for nonviolent offender parole program
Background: Proposition 57 (2016)
Proposition 57, which voters approved in 2016, was intended to increase parole chances for individuals convicted of felonies defined as nonviolent by the California Department of Corrections and Rehabilitation (DCR). The DCR excluded certain felonies, which were deemed violent, from the parole program, including murder; attempted murder; mayhem; arson; rape; kidnapping; carjacking; extortion; robbery; first-degree burglary; crimes requiring registration as sex offenders; and crimes that could receive capital punishment or life imprisonment.[6]
Crimes defined as violent to exclude from parole program
The ballot initiative would have defined 51 crimes and sentence enhancements as violent in order to exclude them from Proposition 57's nonviolent offender parole program. The following chart lists the crime that would have been defined as violent:[1]
Crime |
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murder or voluntary manslaughter |
attempted murder |
solicitation to commit murder |
use or attempted use of a destructive device or explosive to commit murder |
felonies that could receive capital punishment or life imprisonment |
felonies in which the offender inflicted great bodily harm on another person |
felonies in which the offender used a firearm |
sexual felonies in which the offender used a firearm |
felonies in which the offender used an assault weapon or machine gun, as defined in law |
assault with a deadly weapon, firearm, or other means of force likely to produce great bodily injury |
assault with caustic chemicals |
felony in which a deadly or dangerous weapon was used |
discharging a firearm at another person from a vehicle |
willful and malicious discharge of a firearm at an inhabited dwelling house, occupied building, or occupied vehicle |
offenses that result in lifetime sex offender registration |
rape |
rape when a person is unable to resist due to unconsciousness, an intoxicating effect of an anesthetic or controlled substance, or a mental or physical disability |
continuous sexual abuse of a child |
abduction of a minor for purposes of prostitution |
human trafficking |
sexual penetration when a person is unable to resist due to unconsciousness, an intoxicating effect of an anesthetic or controlled substance, or a mental or physical disability |
anal sexual penetration when a person is unable to resist due to unconsciousness, an intoxicating effect of an anesthetic or controlled substance, or a mental or physical disability |
oral sexual penetration when a person is unable to resist due to unconsciousness, an intoxicating effect of an anesthetic or controlled substance, or a mental or physical disability |
sexual penetration against a person's will or against a child who is under 14 years of age and more than 10 years younger than the perpetrator |
anal sexual penetration against a person's will or against a child who is under 14 years of age and more than 10 years younger than the perpetrator |
oral sexual penetration against a person's will or against a child who is under 14 years of age and more than 10 years younger than the perpetrator |
lewd or lascivious act against a person's will or against a child who is under the age of 14 years |
assault with the intent to commit rape or mayhem |
aiding and abetting in a rape or unlawful sexual penetration |
domestic violence resulting in a traumatic condition |
assault of a child under age eight resulting in the child's death when a reasonable person would have expected such assault to cause great bodily harm |
elder or dependent adult abuse |
extortion |
robbery |
carjacking |
burglary of a dwelling when a person is in the residence |
kidnapping |
hostage-taking |
arson |
two or more acts of arson of a structure or forest land |
mayhem |
willful and malicious use of a destructive device or explosive that causes bodily injury to a person; |
willful and malicious use of a destructive device or explosive that causes death or great bodily injury to a person; |
willful and malicious use of a destructive device or explosive that causes mayhem |
possessing, exploding, or attempting to explode a destructive device or explosive with the intent to injure or intimidate a person or injure or destroy property |
developing, possessing, or transferring a weapon of mass destruction |
willful resistance to a police officer causing death or serious injury to the officer |
use of force against victims or witnesses |
threats to victims or witnesses |
any attempt to commit crimes listed in this table |
any conspiracy to commit crimes listed in this table |
Changes to probation and parole supervision: rules regarding probation violations and exchange of information
Background: AB 109 (2011)
In 2011, the California State Legislature passed Assembly Bill 109 (AB 109), which included the Postrelease Community Supervision Act (PCSA). The PCSA required counties, rather than the state, to supervise felons convicted of certain types of crimes after their release from prison. PCSA affected felons who were convicted of crimes that the law described as non-serious and non-violent and who were not classified as high-risk sex offenders nor classified as needing treatment from the state Department of Mental Health. The PCSA gave counties the power to decide methods for punishing violations of supervision conditions, such as flash incarceration. Counties were also given the option to petition a hearing officer to change a felon's supervision conditions, incarcerate a felon in jail for longer than 10 days, or refer a felon to a reentry court.[8]
Violation of post-release supervision
Whereas AB 109 gave counties discretion on whether to petition the judicial system to change a felon's post-release supervision terms or status, Proposition 20 would have required local probation departments to petition to revoke the post-release supervision of an offender who violated the terms of supervision for the third time. Revocation of an offender's post-release supervision could have resulted in stricter supervision conditions or imprisonment.[1]
Exchange of information between counties and the state regarding probation and parole
Proposition 20 would have required the state Department of Corrections and Rehabilitation (DCR) to release information regarding a paroled inmate’s record of supervision during prior periods of parole to local law enforcement agencies that receive the paroled inmates within their jurisdictions. Counties would have been required to release similar information to the DCR, upon request.[1]
The ballot initiative would have also required local probation department to tell the county's courts, public defenders, district attorneys, and sheriff when flash incarceration (detention between one and ten days) is imposed on an offender for violating his or her post-release supervision.[1]
Text of measure
Ballot title
The ballot title was as follows:[9]
“ |
Restricts Parole for Non-Violent Offenders. Authorizes Felony Sentences for Certain Offenses Currently Treated Only as Misdemeanors. Initiative Statute.[10] |
” |
Ballot summary
The ballot summary was as follows:[9]
“ |
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” |
Fiscal impact statement
The fiscal impact statement was as follows:[9]
“ |
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” |
Full text
The full text of the ballot initiative is below:[1]
Readability score
- See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.
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Support
Keep California Safe, also known as Yes on 20, led the campaign in support of the ballot initiative.[11] Keep California Safe named the ballot initiative the Reducing Crime and Keeping California Safe Act.[1] The campaign was a project of the California Public Safety Partners (CAPSP).[2]
Supporters
Officials
- U.S. Representative Devin Nunes (R)
- Assemblymember Jim Cooper (Nonpartisan)
- Assemblymember Vince Fong (R)
Political Parties
Government Entities
Corporations
Unions
- Association for Los Angeles Deputy Sheriffs
- Los Angeles Police Protective League
- Peace Officers Research Association of California
Arguments
Official arguments
The following is the argument in support of Proposition 20 found in the Official Voter Information Guide:[12]
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Opposition
Californians Against the Prison Spending Scam, also known as No on Prop. 20, led the campaign in opposition to the ballot initiative.[13]
Opponents
Former Officials
- Former Governor Jerry Brown (D)
Political Parties
Unions
- California Federation of Teachers
- California Labor Federation
- California Teachers Association
- SEIU California State Council
Organizations
- ACLU of California
- ACLU of Northern California
- ACLU of Southern California
- California League of Conservation Voters
- California Partnership to End Domestic Violence
- Chan Zuckerberg Advocacy
- Crime Survivors for Safety and Justice
- Equality California
- Indivisible California
- League of Women Voters of California
- National Center for Crime Victims
- NextGen California
- Open Society Policy Center
- Public Defenders Association
- University of California Student Association
Individuals
Arguments
Official arguments
The following is the argument in opposition to Proposition 20 found in the Official Voter Information Guide:[14]
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Campaign finance
Two PACs—Keep California Safe and Protecting California Cooper Ballot Measure Committee—were registered to support the ballot initiative. Together, the committees raised $5.96 million, including $2.00 million from the California Correctional Peace Officers Association Truth in American Government Fund.[15]
Two PACs—Committee for California Issues PAC and California Public Safety and Rehabilitation—were registered to oppose the ballot initiative. Together, the committees raised $8.63 million, including $2.25 million from the Chan Zuckerberg Initiative.[15]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $5,423,937.50 | $538,122.90 | $5,962,060.40 | $5,596,291.81 | $6,134,414.71 |
Oppose | $8,478,515.75 | $153,197.63 | $8,631,713.38 | $7,403,744.77 | $7,556,942.40 |
Total | $13,902,453.25 | $691,320.53 | $14,593,773.78 | $13,000,036.58 | $13,691,357.11 |
Support
The following table includes contribution and expenditure totals for the committee in support of the initiative.[15]
Committees in support of Proposition 20 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Yes on 20 - Keep California Safe | $5,403,704.95 | $538,122.90 | $5,941,827.85 | $5,580,801.06 | $6,118,923.96 |
Protecting California Cooper Ballot Measure Committee | $20,232.55 | $0.00 | $20,232.55 | $15,490.75 | $15,490.75 |
Total | $5,423,937.50 | $538,122.90 | $5,962,060.40 | $5,596,291.81 | $6,134,414.71 |
Donors
The following were the top five donors who contributed to the support committee.[15]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
California Correctional Peace Officers Association Truth in American Government Fund | $2,000,000.00 | $0.00 | $2,000,000.00 |
California Grocers Association Issues Committee | $615,000.00 | $0.00 | $615,000.00 |
Peace Officers Research Association of California PIC | $500,000.00 | $0.00 | $500,000.00 |
Association For Los Angeles Deputy Sheriffs PIC | $400,000.00 | $0.00 | $400,000.00 |
Devin Nunes Campaign Committee | $305,500.00 | $0.00 | $305,500.00 |
California Correctional Peace Officers Association
In December 2018, the California Correctional Peace Officers Association's (CCPOA) political fund contributed $2 million to the Keep California Safe PAC. On January 14, 2019, CCPOA president Kurt Stoetzl asked the PAC to return the contribution. Stoetzl said, "As you aware, during the last week of December 2018, CCPOA contributed two million dollars to your Issues Committee. As you may not be aware, this contribution was made by our past president in the final hours of his term. This contribution was made without the new leadership of CCPOA having the opportunity to evaluate the proposed initiative, to determine if the goals of your Issues Committee, and the initiative, are in step in the goals of CCPOA." Stoetzl said the CCPOA wanted the contribution back "so that we can evaluate your positions and determine whether or not we are in support."[16]
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the initiative.[15]
Committees in opposition to Proposition 20 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
No on Prop 20 - Californians Against the Prison Spending Scam | $8,106,937.44 | $93,697.63 | $8,200,635.07 | $6,988,211.00 | $7,081,908.63 |
Pico California Action Supporting Schools and Communities First - Yes on 15, No on 20 | $256,100.00 | $10,000.00 | $266,100.00 | $300,055.46 | $310,055.46 |
Committee for California Issues PAC | $115,478.31 | $49,500.00 | $164,978.31 | $115,478.31 | $164,978.31 |
Total | $8,478,515.75 | $153,197.63 | $8,631,713.38 | $7,403,744.77 | $7,556,942.40 |
Donors
The following were the top donors to the opposition committee.[15]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Chan Zuckerberg Initiative | $2,250,000.00 | $0.00 | $2,250,000.00 |
Patty Quillin | $2,000,000.00 | $0.00 | $2,000,000.00 |
Open Society Policy Center | $1,000,000.00 | $0.00 | $1,000,000.00 |
Art for Justice Fund (Rockefeller Philanthropy Advisors) | $500,000.00 | $0.00 | $500,000.00 |
Stacy H. Schusterman | $500,000.00 | $0.00 | $500,000.00 |
The Heising-Simons Action Fund Nonprofit 501(c)(4) | $375,000.00 | $0.00 | $375,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
Ballotpedia identified the following media editorial boards as taking positions on the ballot initiative. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.
Support
Opposition
Polls
- See also: 2020 ballot measure polls
California Proposition 20, Criminal Sentencing, Parole, and DNA Collection Initiative (2020) | |||||||||||||||||||
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Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
SurveyUSA (likely voters) 9/26/2020 - 9/28/2020 | 35.0% | 22.0% | 43.0% | +/-5.4 | 588 | ||||||||||||||
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. |
Background
Brown v. Plata
In 2009, a three-judge court ordered the state government to reduce the prison population to within 137.5 percent of the state prisons’ designed capacities. The three-judge court said, "until the problem of overcrowding is overcome it will be impossible to provide constitutionally compliant care to California’s prison population."[17]
California appealed the ruling to the U.S. Supreme Court. The state government said tools existed to resolve the overcrowding issue without reducing the prison population, including constructing new prisons and transferring prisoners to other states. In 2011, the U.S. Supreme Court ruled that overcrowding in the state's prisons resulted in cruel and unusual punishment—a violation of the Eighth Amendment—and affirmed the lower court's order to reduce the prison population. Justice Anthony Kennedy wrote the court's 5-4 decision, ruling, "the court-mandated population limit is necessary to remedy the violation of prisoners’ constitutional rights." Justices Ginsburg, Breyer, Sotomayor, and Kagan concurred with the decision. The remaining four justices—Scalia, Thomas, Roberts, and Alito—dissented. Justice Scalia stated, "[Brown v. Plata] is perhaps the most radical injunction issued by a court in our Nation’s history: an order requiring California to release the staggering number of 46,000 convicted criminals."[17]
Assembly Bill 109 (2011)
In 2011, the California State Legislature passed Assembly Bill 109 (AB 109), known as the criminal corrections realignment law. AB 109 transferred the management and supervision of certain felons, who were convicted of non-serious, non-violent, and non-sexual crimes (as defined in law), from the state government to county governments. Before AB 109, state law required felons to serve sentences in state prison.[18]
Title 2.05 of AB 109 was known as the Postrelease Community Supervision Act (PCSA), which required counties, rather than the state, to supervise felons convicted of certain types of crimes after their release from prison. PCSA affected felons who were convicted of crimes that the law described as non-serious and non-violent and who were not classified as high-risk sex offenders nor classified as needing treatment from the state Department of Mental Health. The PCSA gave counties the power to decide methods for punishing violations of supervision conditions, such as flash incarceration, mandatory community service, and mandatory drug treatment. Counties were also given the option to petition a hearing officer to change a felon's supervision conditions, incarcerate a felon in jail for longer than 10 days, or refer a felon to a reentry court.[8]
The California State Senate passed AB 109 in a vote of 24 to 16. The California General Assembly passed AB 109 in a vote of 51 to 27. Gov. Jerry Brown (D) signed AB 109 into law on April 4, 2011.[19]
Proposition 47 (2014)
In 2014, voters approved Proposition 47 in a vote of 59.6 percent to 40.4 percent. Proposition 47 classified crimes that the initiative considered non-violent and non-serious as misdemeanors instead of felonies unless the defendant has prior convictions for murder, rape, certain sex offenses, or certain gun crimes. It also permitted re-sentencing for those currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors. Under Proposition 47, about 10,000 inmates were eligible for re-sentencing, according to Lenore Anderson of Californians for Safety and Justice.[20][21]
More than $10.97 million was raised to support the ballot initiative, including $3.50 million from the ACLU and $1.46 million from the Open Society Policy Center. Supporters included Lt. Gov. Gavin Newsom (D), along with U.S. Sen. Rand Paul (R-Kentucky) and former speaker of the U.S. House Newt Gingrich (R-Georgia).[22][23][24]
Opponents raised 5 percent of what supporters' received, totaling $551,800 in contributions. The top contributor to the opposition was the Peace Officers Research Association of California PIC, which provided $286,000. U.S. Sen. Dianne Feinstein (D-California) opposed Proposition 47, as did the state Republican Party.[25][26]
Proposition 57 (2016)
Proposition 57 was approved with 64.5 percent of the vote. The initiative increased parole chances for felons convicted of nonviolent crimes and gave them more opportunities to earn credits for good behavior. The measure allowed individuals convicted of nonviolent felony crimes who served full sentences for their primary offense and passed screening for public security eligible for parole. It also allowed judges, not prosecutors, to decide whether to try certain juveniles as adults in court.[27] Using numbers from early 2016, there were about 25,000 nonviolent state felons that could seek early release and parole under Proposition 57.[28]
The measure was developed by Gov. Jerry Brown (D) and backed by Lt. Gov. Gavin Newsom (D), former speaker of the U.S. House Newt Gingrich (R), and the California Democratic Party.[29][30] The committees supporting Proposition 57 raised an aggregate $15.04 million, with $2.17 million from the state Democratic Party, $1.75 million from Tom Steyer, and $1.00 million from Mark Zuckerberg.
Opponents raised $1.51 million in contributions. The largest donors included the Association for Los Angeles Deputy Sheriffs PIC, which gave $200,000, and the Los Angeles County Professional Peace Officers' Association IEC, which donated $150,000. The California Republican Party, U.S. Rep. Tom McClintock (R-4), and U.S. Rep. Loretta Sanchez (D-46) were opposed to the measure.[31][32][26]
California's state imprisonment rate
Prior to the enactment of AB 109's Postrelease Community Supervision Act (PCSA) on July 1, 2011, the state's imprisonment rate was 431 inmates per 100,000 residents. The next year the imprisonment rate was 356 inmates per 100,000 residents. In 2019, the rate fell to 317 inmates. The following graph illustrates the state's imprisonment rate from 1995 through 2019. Rates were calculated using the CDCR's prison population reports and the U.S. Census Bureau's annual population estimates.[33][34]
- The first orange bar represents the enactment of AB 109's PCSA on July 1, 2011.
- The second orange bar represents the enactment of Proposition 47 following the election on November 4, 2014.
- The third orange bar represents July 1, 2017—the date when the CDCR started referring inmates for Proposition 57's parole program.
Path to the ballot
In California, the number of signatures needed to qualify a measure for the ballot is based on the total number of votes cast for the office of governor. For an initiated state statute, petitioners must collect signatures equal to 5 percent of the most recent gubernatorial vote. To get this measure on the 2020 ballot, the number of signatures required was 365,880. In California, initiatives can be circulated for 180 days. Signatures needed to be certified at least 131 days before the 2020 general election. As the signature verification process can take several weeks, the California secretary of state issues suggested deadlines for several months before the certification deadline.
The timeline for this initiative was as follows:[35]
- Nina Salarno Besselman submitted a letter requesting a title and summary on October 31, 2017.
- A title and summary were issued by the California attorney general's office on January 4, 2018.
- On February 7, 2018, the campaign reported collecting at least 25 percent of the required signatures.
- Proponents of the initiative needed to submit 365,880 valid signatures by July 3, 2018, in order for it to make the ballot.
On July 9, 2018, Secretary of State Alex Padilla reported that more than enough signatures had been submitted for the measure to make the ballot in 2020.[36]
Cost of signature collection:
Sponsors of the measure hired Arno Petition Consultants to collect signatures for the petition to qualify this measure for the ballot. A total of $2,046,104.99 was spent to collect the 365,880 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $5.59.
Brown v. Padilla and Salarno Besselman
Lawsuit overview | |
Issue: Required number of signatures for the ballot initiative | |
Court: Sacramento County Superior Court | |
Plaintiff(s): Gov. Jerry Brown | Defendant(s): Secretary of State Alex Padilla and Nina Salarno Besselman |
Plaintiff argument: The ballot initiative should have been considered a constitutional amendment, and thus should have required 585,407 signatures, rather than 365,880 signatures, to make the ballot. | Defendant argument: The ballot initiative met the signature requirements as required by the secretary of state. |
Source: Associated Press
On December 20, 2018, Gov. Jerry Brown (D) filed litigation against Secretary of State Alex Padilla (D) and initiative's official proponent, Nina Salarno Besselman, in the Sacramento County Superior Court. Gov. Brown asked the court to invalidate the initiative because, according to Brown, Secretary of State Padilla used the wrong signature threshold. Padilla required proponents to collect 365,880 signatures—the number required for initiated state statutes. Gov. Brown said 585,407 signatures should have been required—the number required for initiated constitutional amendments. According to Gov. Brown, the initiative should have been treated as a constitutional amendment because of its impact on the constitutional powers that Proposition 57 (2016) provided the Department of Corrections and Rehabilitation.[37]
Jeff Flint, a spokesperson for Keep California Safe, said, "The secretary of state told us how many signatures are required and that’s how many we collected."[37]
How to cast a vote
- See also: Voting in California
Click "Show" to learn more about voter registration, identification requirements, and poll times in California.
How to cast a vote in California | |||||
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Poll timesAll polls in California are open from 7:00 a.m. to 8:00 p.m. Pacific Time. An individual who is in line at the time polls close must be allowed to vote.[38] Registration
To vote in California, an individual must be a U.S. citizen and California resident. A voter must be at least 18 years of age on Election Day. Pre-registration is available at 16 years of age. Pre-registered voters are automatically registered to vote when they turn 18.[39] Automatic registrationCalifornia automatically registers eligible individuals to vote when they complete a driver's license, identification (ID) card, or change of address transaction through the Department of Motor Vehicles. Learn more by visiting this website. Online registration
California has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationCalifornia allows same-day voter registration. Californians must be registered to vote at least 15 days before Election Day. If the registration deadline has passed for an upcoming election, voters may visit a location designated by their county elections official during the 14 days prior to, and including Election Day to conditionally register to vote and vote a provisional ballot, which are counted once county election officials have completed the voter registration verification process. The state refers to this process as Same Day Voter Registration.[40][41] Residency requirementsTo register to vote in California, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenshipCalifornia's constitution requires that voters be U.S. citizens. When registering to vote, proof of citizenship is not required. Individuals who become U.S. citizens less than 15 days before an election must bring proof of citizenship to their county elections office to register to vote in that election. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.[40] As of November 2024, two jurisdictions in California had authorized noncitizen residents to vote for local board of education positions through local ballot measures. Only one of those jurisdictions, San Francisco, had implemented that law. Noncitizens voting for board of education positions must register to vote using a separate application from the state voter registration application.[42] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[43] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe secretary of state's My Voter Status website allows residents to check their voter registration status online. Voter ID requirementsCalifornia does not require voters to present identification before casting a ballot in most cases. However, some voters may be asked to show a form of identification when voting if they are voting for the first time after registering to vote by mail and did not provide a driver license number, California identification number, or the last four digits of their social security number.[44][45] On September 29, 2024, Gov. Gavin Newsom (D) signed SB 1174 into law prohibiting any jurisdiction in the state from adopting a local law that requires voters to present ID before voting.[46] The following list of accepted ID was current as of October 2024. Click here for the California Secretary of State page to ensure you have the most current information.
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See also
External links
Information
Support
Opposition
- Californians Against the Prison Spending Scam
- Californians Against the Prison Spending Scam on Facebook
- Californians Against the Prison Spending Scam on Twitter
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 California Attorney General, "Initiative #17-0044," accessed October 31, 2017
- ↑ 2.0 2.1 The Davis Vanguard, "Ballot Measure Seeks to Undo California’s Criminal Justice Reform," October 31, 2017
- ↑ The Sacramento Bee, "Don’t fall for this latest scare tactic on criminal justice reform, governor says," February 26, 2018
- ↑ Center on Juvenile and Criminal Justice, "AB 109, Prop 47, and Prop 57 Are Safely Reducing the Prison Population, but Durable Public Safety Requires Further Cuts in Corrections Spending," January 24, 2018
- ↑ The Orange County Register, "California’s dangerous trifecta: AB109, Prop. 57 and Prop. 47," June 8, 2018
- ↑ 6.0 6.1 California Department of Corrections and Rehabilitation, "Non-Revocable Parole: Violent Offenses Defined," accessed November 26, 2018
- ↑ California Department of Corrections and Rehabilitation, "Nonviolent Offender Parole Review Process," November 26, 2016
- ↑ 8.0 8.1 California Judicial Branch, "Court-Related Impact of Criminal Justice Realignment," accessed November 27, 2018
- ↑ 9.0 9.1 9.2 California Secretary of State, "Ballot Title and Summary," accessed July 28, 2020
- ↑ 10.0 10.1 10.2 10.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Keep California Safe, "Homepage," accessed November 26, 2018
- ↑ California Secretary of State, "Official Voter Information Guide," accessed September 28, 2020
- ↑ Californians Against the Prison Spending Scam, "Homepage," accessed September 26, 2020
- ↑ California Secretary of State, "Official Voter Information Guide," accessed September 28, 2020
- ↑ 15.0 15.1 15.2 15.3 15.4 15.5 Cal-Access, "Campaign Finance," accessed March 21, 2018
- ↑ KQED, "Correctional Officers Ask for Money Back From Controversial Ballot Measure," January 31, 2019
- ↑ 17.0 17.1 Cornell University Legal Information Institute, "Brown v. Plata," accessed December 2, 2018
- ↑ California Judicial Branch, "Criminal Justice Realignment," accessed October 11, 2018
- ↑ California State Legislature, "AB-109," accessed November 28, 2018
- ↑ California General Election Official Voter Information Guide November 2014, "Text of Proposed Laws," accessed September 8, 2014
- ↑ The San Francisco Appeal, "CA Voters Will Decide On DA Gascon-Backed Plan To Reduce Sentences For Low-Level Crimes," June 27, 2014
- ↑ Lt. Gov. Gavin Newsom, "Prop 47: How I'm Voting On This Controversial Issue," October 8, 2014
- ↑ Orange County Register, "Rand Paul and B. Wayne Hughes Jr.: Republicans should back Prop. 47," October 28, 2014
- ↑ Los Angeles Times, "What California can learn from the red states on crime and punishment," September 16, 2014
- ↑ Los Angeles Daily News, "Prop. 47 will make Californians less safe: Dianne Feinstein," October 15, 2014
- ↑ 26.0 26.1 Santa Monica Mirror, "State Republicans Vote To Back Two Measures On November Ballot, Oppose Two," September 22, 2014
- ↑ California Secretary of State, "California General Election November 8, 2016, Official Voter Information Guide," accessed August 18, 2016
- ↑ KQED, "Gov. Jerry Brown Proposes Changes to Felon Sentences, Juvenile Courts," January 27, 2016
- ↑ Yes on 57, "Endorsements," accessed September 15, 2016
- ↑ Record Searchlight, "Skeptics question proposed criminal sentences ballot measure," January 28, 2016
- ↑ Sierra Sun Times, “Congressman Tom McClintock Comments on California Ballot Propositions,” October 14, 2016
- ↑ Politifact, "Loretta Sanchez misleads with Prop 57 claim," October 7, 2016
- ↑ California Department of Corrections and Rehabilitation, "Total Population," accessed December 1, 2018
- ↑ U.S. Census Burea, "Population and Housing Unit Estimates," accessed December 1, 2018
- ↑ California Secretary of State, "Ballot Measures," accessed October 31, 2017
- ↑ Hastings Tribune, "Bid to toughen California crime laws set for 2020 ballot," July 9, 2018
- ↑ 37.0 37.1 KTLA, "Gov. Brown Sues to Protect Voter-Approved Measure Allowing Inmates to Seek Earlier Release," December 20, 2018
- ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
- ↑ California Secretary of State, "Voter Registration," accessed August 13, 2024
- ↑ 40.0 40.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
- ↑ California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
- ↑ SF.gov, "Non-citizen voting rights in local Board of Education elections," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
- ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
- ↑ Democracy Docket, "California Governor Signs Law to Ban Local Voter ID Requirements," September 30, 2024
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