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California Proposition 21, Treatment of Juvenile Offenders Initiative (March 2000)
| California Proposition 21 | |
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| Election date March 7, 2000 | |
| Topic Law enforcement | |
Status Approved | |
| Type State statute | Origin Citizens |
California Proposition 21 was on the ballot as an initiated state statute in California on March 7, 2000. It was approved.
A "yes" vote supported increasing criminal penalties for gang-related felonies; requiring individuals 14 years or older to be tried as adults for murder or specified sex offenses; prohibiting the use of informal probation for any juvenile offender who commits a felony; and revising the lists of specific crimes defined as serious or violent offenses. |
A "no" vote opposed increasing criminal penalties for gang-related felonies; requiring individuals 14 years or older to be tried as adults for murder or specified sex offenses; prohibiting the use of informal probation for any juvenile offender who commits a felony; and revising the lists of specific crimes defined as serious or violent offenses. |
Election results
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California Proposition 21 |
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| Result | Votes | Percentage | ||
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4,491,166 | 62.09% | ||
| No | 2,742,148 | 37.91% | ||
Text of measure
Ballot title
The ballot title for Proposition 21 was as follows:
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Ballot summary
The ballot summary for this measure was:
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• Increases punishment for gang-related felonies; death penalty for gang-related murder; indeterminate life sentences for home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and creates crime of recruiting for gang activities; and authorizes wiretapping for gang activities. • Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses. • Eliminates informal probation for juveniles committing felonies. • Requires registration for gang related offenses. • Designates additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences. | ” |
Full Text
The full text of this measure is available here.
Fiscal impact
- See also: Fiscal impact statement
The California Legislative Analyst's Office provided an estimate of net state and local government fiscal impact for Proposition 21. That estimate was:[1]
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Support
Official arguments
The official arguments in support of Proposition 21 were signed by Maggie Elvey, assistant director, Crime Victims United; Grover Trask, president, California District Attorneys Association; and Chief Richard Tefank, president, California Police Chiefs Association:[1]
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As a parent, Maggie Elvey refused to believe teenagers were capable of extreme violence, until a 15 year-old and an accomplice bludgeoned her husband to death with a steel pipe. Ross Elvey is gone forever, but his KILLER WILL BE FREE ON HIS 25TH BIRTHDAY, WITHOUT A CRIMINAL RECORD. Her husband’s killer will be released in three years, but she will spend the rest of her life in fear that he will make good on his threats to her. Frighteningly, Maggie’s tragedy because of the current juvenile justice system could be repeated today. Proposition 21—the Gang Violence and Juvenile Crime Prevention Act—will toughen the law to safeguard you and your family. Despite great strides made recently in the war against adult crime, California Department of Justice records indicate violent juvenile crime arrests—murders, rapes, robberies, attempted murders and aggravated assaults—rose an astounding 60.6% between 1983 and 1998. The FBI estimates the California juvenile population will increase by more than 33% over the next fifteen years, leading to predictions of a juvenile crime wave. Although we strongly support preventive mentoring and education, the law must be strengthened to require serious consequences, protecting you from the most violent juvenile criminals and gang offenders. Proposition 21:
CARJACKINGS OR DRIVE-BY SHOOTINGS.
felony.
Proposition 21 doesn’t incarcerate kids for minor offenses—it protects Californians from violent criminals who have no respect for human life. Ask yourself, if a violent gang member believes the worst punishment he might receive for a gang-ordered murder is incarceration at the California Youth Authority until age 25, will that stop him from taking a life? Of course not, and THAT’S WHY CALIFORNIA POLICE OFFICERS AND PROSECUTORS OVERWHELMINGLY ENDORSE PROPOSITION 21. Proposition 21 ends the 'slap on the wrist' of current law by imposing real consequences for GANG MEMBERS, RAPISTS AND MURDERERS who cannot be reached through prevention or education. Californians must send a clear message that violent juvenile criminals will be held accountable for their actions and that the punishment will fit the crime. YOUTH SHOULD NOT BE AN EXCUSE FOR MURDER, RAPE OR ANY VIOLENT ACT—BUT IT IS UNDER CALIFORNIA’S DANGEROUSLY LENIENT EXISTING LAW. We represent the California District Attorneys Association, California State Sheriffs Association, California Police Chiefs Association, crime victims, business leaders, educators and over 650,000 law-abiding citizens that placed Proposition 21 on the ballot. Our quality of life depends on making California as safe as possible. Let’s give all kids every opportunity to succeed and protect our families against the most dangerous few. Please vote YES on PROPOSITION 21.[2] |
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Opposition
Official arguments
The official arguments in opposition to Proposition 21 were signed by Lavonne McBroom, president, California State PTA; Gail Dryden, president, League of Women Voters of California; and Raymond Wingerd, president, Chief Probation Officers of California:[1]
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PROPOSITION 21 CARRIES A HUGE PRICE TAG—YOU WILL PAY FOR IT. Proposition 21 creates a long list of new crimes and penalties for children and adults. Because of Proposition 21, California will need more jails and prisons. YOUR TAXES MAY HAVE TO BE RAISED TO PAY FOR PROPOSITION 21. California’s Legislative Analyst reports that Proposition 21 will cost local governments 'tens of millions of dollars' and state government 'hundreds of millions' of dollars each year. The Department of Corrections estimates that Proposition 21 will require a capital outlay of nearly $1,000,000,000 (one billion dollars) for prison expansion. We already have the nation’s biggest prison system. Californians have other needs—like better schools, health care and transportation—that will be sacrificed so that you can pay the huge Proposition 21 price tag. PROPOSITION 21 WILL PUT KIDS IN STATE PRISONS. Proposition 21 will send a new wave of 16 and 17 year olds to state prison. In prison, without the treatment and education available in the juvenile system, they will be confined in institutions housing adult criminals. What will these young people learn in state prison—how to be better criminals? Our nation has a tragic record of sexual and physical assault on children who are jailed with adults. CALIFORNIA ALREADY HAS TOUGH LAWS AGAINST GANGS AND YOUTH CRIME. California law already allows children and gang members as young as 14 to be tried and sentenced as adults. California already has the nation’s highest youth incarceration rate— more than twice the national average! Police, prosecutors and judges have strong tools under current law to prosecute and punish gang members who commit violent crimes. PROPOSITION 21 WILL HARM CURRENT EFFORTS TO PREVENT GANG AND SCHOOL VIOLENCE. Proposition 21 does nothing to build safer schools or communities. It will not stop tragedies like the Colorado school shooting, and it will not keep kids from joining gangs. But, Proposition 21 will capture your tax dollars and take them away from current efforts to stop violence before it happens. Last year, the current Governor and the Legislature approved programs to prevent youth violence—like after-school programs that keep kids off the streets. Proposition 21 threatens the survival of these programs. DON’T RISK HIGHER TAXES FOR A HIGH-PRICED ANTI-YOUTH PACKAGE WE DON’T NEED. Proposition 21 was drafted over two years ago by former Governor Pete Wilson. It is an extreme measure that will result in more incarceration of children and minority youth. We don’t need it. California’s tough anti-crime laws are already working to reduce crime and violence. Since 1990, California’s felony arrest rate for juveniles has dropped 30% and arrests of juveniles for homicide have plummeted 50%. Proposition 21 asks you to spend billions of future tax dollars for penalties and prisons that are extra baggage. DON’T THROW AWAY MONEY WE NEED FOR BETTER SCHOOLS, BETTER ROADS AND BETTER HEALTH CARE. DON’T RISK HIGHER TAXES FOR OUT-DATED REFORMS. VOTE NO ON PROPOSITION 21.[2] |
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Path to the ballot
In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast at the preceding gubernatorial election. For initiated statutes filed in 2000, at least 419,260 valid signatures were required.
See also
External links
- Official Voter Guide
- Full text of Proposition 21
- Official declaration of the March 7, 2000 vote
- Smart Voter on Proposition 21
- Cal Voter on Prop 21
- Top Ten contributors
Footnotes
