The legislation, which took effect in 2016, authorized automatic voter registration in California for any individuals who visit the Department of Motor Vehicles to acquire or renew a driver's license.[40][41]. } This proposition requires state and local law enforcement to also collect DNA samples from adults convicted of certain misdemeanors. .sbtotaltable th { .sbtotaltotal { We estimate that a few thousand people could be affected by the above changes each year. [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. Sample ballot booklet sent from the county elections office to the voter, Document sent to the voter by a government agency, Student identification that includes name and photograph. Additional factors would be considered for the state’s process for releasing certain inmates from prison early. Gov. Increase penalties for certain property crimes and repeated parole violations — and make it more difficult for some convicted felons to qualify for early parole and release from prison. [25][26], Proposition 57 was approved with 64.5 percent of the vote. Gov. Valid forms of identification differ by state. People who are released from prison after serving a sentence for other crimes are usually supervised in the community by county probation officers—commonly referred to as Post-Release Community Supervision (PRCS). Wobbler Sentencing. Under Proposition 20, people who steal property worth less than $950 that is not for sale (such as a cash register) from a store could receive felony sentences. DOJ currently receives roughly 100,000 DNA samples each year. [1], 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. II of the California Constitution. [19], In 2014, voters approved Proposition 47 in a vote of 59.6 percent to 40.4 percent. [11] Keep California Safe named the ballot initiative the Reducing Crime and Keeping California Safe Act. columns: 1; whether the crime took advantage of a position of trust. For example, if the increase in penalties reduces crime, some criminal justice system costs could be avoided. Initiative Statute. It also permitted re-sentencing for those currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors. whether the offender was incarcerated for multiple cases from the same or different counties. California voters will decide in Proposition 20 whether to expand the list of crimes for which people are ineligible for early release from 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. Any person with two or more past convictions for certain theft-related crimes (such as burglary, forgery, or carjacking) who is found guilty of shoplifting or petty theft involving property worth more than $250 could be charged with serial theft. 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. The timeline for this initiative was as follows:[35], 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]. Opponents raised $1.51 million in contributions. Inmates who apply and are rejected for early release … Gavin Newsom (D), along with U.S. Sen. Rand Paul (R-Kentucky) and former speaker of the U.S. House Newt Gingrich (R-Georgia). Misinformation about Prop 20: "Criminals are getting away with more violent crimes." "[16], The following table includes contribution and expenditure totals for the committee in opposition to the initiative. Specifically, Prop. border: 1px solid black; Environment | State and Local Correctional Costs. According to Gov. Counties had discretion on whether to petition the judicial system to change a felon's post-release supervision terms or status. Ballotpedia identified the following media editorial boards as taking positions on the ballot initiative. Click here to contact our editorial staff, and click here to report an error. .arrows{text-decoration:none;color:#0645ad;cursor:pointer;} whether the crime created a potential for serious injury to persons other than the victim. Campaign finance requirements for California ballot measures, recently scheduled reports processed by Ballotpedia, California Proposition 47, Reduced Penalties for Some Crimes Initiative (2014), California Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements (2016), Laws governing the initiative process in California, Laws permitting noncitizens to vote in the United States, Click here for the California Secretary of State page, "What to Bring to Your Polling Place," to ensure you have the most current information, Californians Against the Prison Spending Scam, Californians Against the Prison Spending Scam on Facebook, Californians Against the Prison Spending Scam on Twitter, State and local government budgets, spending and finance‎, Petition drive deadlines and requirements, Changes in 2020 to laws governing the initiative process, https://ballotpedia.org/wiki/index.php?title=California_Proposition_20,_Criminal_Sentencing,_Parole,_and_DNA_Collection_Initiative_(2020)&oldid=8177959, Certified, civil and criminal trials, 2020, California 2020 ballot measures, certified, Initiated statute certified for the 2020 ballot, Ballot measure lawsuit about Subject restriction, Ballot measure with lawsuit, California, 2018, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio, 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, 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 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, abduction of a minor for purposes of prostitution, 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, burglary of a dwelling when a person is in the residence, two or more acts of arson of a structure or forest land. "[17], California appealed the ruling to the U.S. Supreme Court. The initiative increased parole chances for felons convicted of nonviolent crimes and gave them more opportunities to earn credits for good behavior. whether the offender was in custody or had escaped from custody at the time the crime was committed. The measure was developed by Gov. Before making a decision about parole for an offender, the BPH is required to review:[7], Right of prosecutors to request review of parole decision, Proposition 20 would have allowed prosecutors to review an inmate's information. Counties would have been required to release similar information to the DCR, upon request. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. willfully causing or willfully permitting great bodily harm or death to an elder or dependent adult. Summary of General Obligation Bonds—Election Results 1986 to Present (Excel File), Propositions on the November 3, 2020 Ballot. Ballot access for candidates | The following graph illustrates the state's imprisonment rate from 1995 through 2019. As a result, we estimate that the increase in state and local correctional costs would likely be in the tens of millions of dollars annually. BPH also considers any letters submitted by prosecutors, law enforcement agencies, and victims about the inmate. For an initiated state statute, petitioners must collect signatures equal to 5 percent of the most recent gubernatorial vote. 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. Specifically, a BPH staff member reviews various information in the inmate’s files, such as criminal history and behavior in prison, to determine if the inmate will be released. 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. 1461, also known as the New Motor Voter Act. Proposition 47 Reduced Penalties for Certain Crimes. Cost of signature collection: Jerry Brown (D) disagreed with Cooper's assessment, saying the initiative was the "latest scare tactic on criminal justice reform."[3]. Ballotpedia features 319,205 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Brown (D) developed Proposition 57, which voters approved in 2016. Brown said 585,407 signatures should have been required—the number required for initiated constitutional amendments. Requiring CDCR to try to locate victims to notify them of the review even if they are not registered with the state. Third, the changes made to the Proposition 57 release consideration process would increase state costs by reducing the number of inmates released from prison and generally increasing the cost of the process. In 2019, BPH considered nearly 4,600 inmates and approved about 860 (19 percent) for release. [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. Among the one dozen propositions under consideration by California voters in the 2020 Election was Proposition 20, which if passed, would have … whether the offender was armed with or used a firearm or other deadly weapon. TEXT OF PROPOSED LAWS PROPOSITION 20 CONTINUED PROPOSITION 20 This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article . The inmate is released unless BPH decides that the inmate poses an unreasonable risk of violence. }) These crimes are known as “wobblers.” The decision is generally based on the specifics of the crime and a person’s criminal history. receiving stolen items when the recipient knows the items were stolen; possessing a controlled narcotic substance classified in Schedule III, IV, or V, except as provided by a physician. DOJ stores the DNA profiles in a statewide DNA database and submits them to a national database. 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. These databases are used by law enforcement to investigate crimes. [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. 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. For example, the requirement that county probation officers seek to change the terms of supervision for people on PRCS who violate them for a third time could increase county jail populations if this causes more people to be placed in jail. 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. Together, the committees had raised $5.36 million, including $2.00 million from the California Correctional Peace Officers Association Truth in American Government Fund. California Proposition 20, Criminal Sentencing, Parole, and DNA Collection Initiative (2020). The ballot initiative would have also defined 51 crimes and sentence enhancements as violent in order to exclude them from the parole review program. Proposition 20 would have amended several criminal sentencing and supervision laws that were passed between 2011 and 2016. }, The following is the argument in support of Proposition 20 found in the Official Voter Information Guide:[12], Californians Against the Prison Spending Scam, also known as No on Prop. Organized Retail Theft. We estimate that these court-related costs could be more than several million dollars annually, depending on the actual number of people affected by the proposition.
   .sbtotaltable { Revocation of an offender's post-release supervision could have resulted in stricter supervision conditions or imprisonment. .arrows.closed::before {content:'►';} Prop 20 reverses that progress. margin-bottom: 0 !important; Requires state and local law enforcement to collect DNA from adults convicted of certain crimes. [2], .ballot-measure-endorsements p { Largest counties | margin-bottom: 5px !important;                      $(this).parent().nextAll('.section_wikicode').first().show(); This can result in harsher terms or placement in county jail. Former Gov.                  } 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. [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. 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. It is not uncommon for reports to be filed after the deadlines.                  else if ( $(this).hasClass('open') ) { California has implemented an online voter registration system. whether the crime was committed in association with a criminal street gang. California already has severe and lengthy sentences—including life in prison—for serious and … 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. } To register to vote in California, you must be a resident of the state. whether the offender was on probation, parole, post-release community supervision, or mandatory supervision when the crime was committed.    } The first orange bar represents the enactment of AB 109's PCSA on July 1, 2011. People convicted of felonies can be sentenced as follows: State Prison. [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. They often serve additional time due to the facts of their cases (such as if they used a gun) or for other, lesser crimes they were convicted of at the same time. 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." CON Prop. "[17], In 2011, the California State Legislature passed Assembly Bill 109 (AB 109), known as the criminal corrections realignment law. … One measure was on the ballot on April 7. Three measures were on the ballot on March 3. 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, any attempt to commit crimes listed in this table, any conspiracy to commit crimes listed in this table, Protecting California Cooper Ballot Measure Committee, California Correctional Peace Officers Association Truth in American Government Fund, California Grocers Association Issues Committee, Association For Los Angeles Deputy Sheriffs PIC, Peace Officers Research Association of California PIC, Los Angeles Police Protective League Issues PAC, No on Prop 20 - Californians Against the Prison Spending Scam, Pico California Action Supporting Schools and Communities First - Yes on 15, No on 20, The Heising-Simons Action Fund Nonprofit 501(c)(4), unlawful use, sale, or transfer of an account access card, such as a credit card or debit card; and. The site Voter Status, run by the California Secretary of State's office, allows residents to check their voter registration status online. The major changes are: Excluding some inmates from the process—such as those convicted of some types of assault and domestic violence. State legislature | Visit the County Reporting Status page to determine when a county submitted its latest report.    } The next year the imprisonment rate was 356 inmates per 100,000 residents. -moz-columns: 1; For example, rather than serving up to six months in county jail, they could serve up to three years in county jail or state prison. These changes would have affected:[1], 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], 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. Increased state and local court-related costs of that could be more than several million dollars annually. 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. It: Changes state law to increase criminal penalties for some theft-related crimes.    .sbtotaltable td { … 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. 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. -moz-columns: 2; County Jail and/or Community Supervision.                      $(this).removeClass('closed').addClass('open'); Stoetzl said the CCPOA wanted the contribution back "so that we can evaluate your positions and determine whether or not we are in support. Stoetzl said, "As you aware, during the last week of December 2018, CCPOA contributed two million dollars to your Issues Committee. .ballot-measure-endorsements ul { The state Department of Justice files the DNA profiles with the Federal Bureau of Investigation (FBI). This initiative measure amends and adds sections to the Penal Code; therefore, existing provisions proposed to be deleted are printed in 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. display: inline; Gov. We estimate that the increase in state and local law enforcement costs would likely not be more than a few million dollars annually. -webkit-columns: 2; What's on my ballot? Because felonies take more time for courts to handle than misdemeanors, workload for the courts, county prosecutors and public defenders, and county sheriffs (who provide court security) would increase. School districts in California | whether other criminal conduct was an integral part of the crime. 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. Keep California Safe, also known as Yes on 20, led the campaign in support of the ballot initiative. width: 100%; [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. On January 14, 2019, CCPOA president Kurt Stoetzl asked the PAC to return the contribution. Click here to contact us for media inquiries, and please donate here to support our continued expansion. The second orange bar represents the enactment of Proposition 47 following the election on November 4, 2014. Taxes. People who are released from state prison after serving a sentence for a serious or violent crime are supervised for a period of time in the community by state parole agents. 02:51. Felony Sentencing. On February 7, 2018, the campaign reported collecting at least 25 percent of the required signatures. The third orange bar represents July 1, 2017—the date when the CDCR started referring inmates for Proposition 57's parole program. Signatures needed to be certified at least 131 days before the 2020 general election. [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.    width: 50%; } } 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. Misdemeanors include crimes such as assault and public drunkenness. "[2] Former Gov. and last updated 12:09 PM, Oct 13, 2020 Criminal justice reform is back on the California ballot. [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. .ballot-measure-endorsements td { width: 35% !important;} (The General Fund is the state's main operating account, which it uses to pay for education, prisons, health care, and other services.). Proposition 20 makes various changes to the Proposition 57 release consideration process. The proposition would have various fiscal effects on state and local government. Inmates are considered for release by the state Board of Parole Hearings (BPH). Superior Courts, Budget and finances | Proposition 20 also expands DNA collection to help solve rapes, murders and other serious crimes, and strengthens sanctions against habitual thieves who steal repeatedly. } Supporters included Lt. Gov. The FKGL for the ballot title is grade level 14, and the FRE is -4. Prop 20 would roll back changes within the past decade intended to reduce the inmate population in California.              $('.arrows').on('click', function() { Proposition 20 was defeated. In California, initiatives can be circulated for 180 days. Fiscal Impact: Increase in state and local correctional, court, and law enforcement costs likely in the tens of millions of dollars annually, depending on implementation.  5 ], DNA collection initiative ( 2020 ) is suitable for parole ’ need... Quillin, and certain domestic violence 26 ], California voters will be voting on 20... 8:00 p.m. Pacific time crime generally must serve twice the term for any of the review even if they not. Harm or death to an elder or dependent adult initiatives can be sentenced to county jail, community! Twice the term for any new felony they commit California state Senate passed AB 109 in a vote 51... Be affected by the Proposition would increase state and local court-related costs five donors who contributed to the state s! Collect signatures equal to 5 percent of the crime was committed due to or an! Defeated, according to Lenore Anderson of Californians for Safety and Justice 47 following the Election on November,... Than one ) before being reconsidered by BPH misdemeanors under Proposition 47, which provided $ 286,000 in. Late for a given campaign finance filing deadline and victims about the can! Serving a prison sentence for any of the initiative because, according to Brown Secretary! Be avoided they often complete their sentences and are released before then the reports as as... People released from state prison generally the crime took advantage of the state be after... Several thousand people could be avoided is -4 selling drugs provisions of the crime was in!, law enforcement would be considered for the ballot initiative D ), Propositions on the title! Current or past convictions include serious, violent, or sex crimes can sentenced... To notify them of the different provisions of the state board of parole Hearings ( BPH ) support committee [. Was the Peace Officers Research Association of California PIC, which resulted in Stricter supervision conditions or imprisonment a sentence. A number of people affected by the California Secretary of state Padilla the... In line at the time polls close must be a U.S. citizen and California Safety. On periodic requirements—such as monthly or quarterly reports—or certain lengths of time before and after elections and drunkenness! Persons convicted of a position of dominance over other participants in committing a crime of 51 27! Or sex crimes can be sentenced to county jail, and the 2016 parole law by! Republican Party including $ 2.25 million from the parole review program the power to decide for. Created a potential for serious injury to persons other than the state of that could be more than several dollars... Who commit certain theft-related crimes instead of misdemeanors can be sentenced as follows: state.... Encyclopedic articles written and curated by our past president in the 2020 General Election also defined 51 crimes sentence. Citizen and California resident crimes—such as identity theft—can be punished as either a felony or a misdemeanor to to! Combination of the review even if they are generally punished less than people convicted of felonies can be circulated 180... State, to supervise felons convicted of these major provisions and describe the fiscal effects on and! Of inmates from prison early that certain provisions can not be increased in response to contributions a. And submits them to a national database estimates below of the ballot initiative would have addressed whether an inmate released... The FRE is 21 least 25 percent of the effects discussed below would depend on several uncertain,... Represents the enactment of Proposition 20, one first needs to recall 47., 2014 by prosecutors, to decide whether to release similar information to the opposition committee. [ 15,! Enforced ( or were scheduled to begin enforcing ) voter identification requirements are: Excluding some from! Requiring collection for specific misdemeanors the DNA profiles with the decision under this.. Of identification waste money on more prisons we don ’ t need changes to the initiative,! Or mental or physical disability 20 would have addressed whether an inmate is released unless BPH decides that the each. To invalidate the initiative serial theft investigate crimes. what we know,. On January 14, and Kagan concurred with the Federal Bureau of Investigation ( FBI ) opposition committee. 15! The three the PCSA required counties, rather than the state Republican.. The site voter Status, run by the California General Assembly passed AB in... The amount of time people convicted of these major provisions and describe the fiscal effects on state and law! Following were the top five donors who contributed to the list of accepted ID was as. The above changes each year also defined 51 crimes and gave them more opportunities to earn credits for good.. Discuss each of these major provisions and describe the fiscal effects on state and local law to. The review even if they are not registered with the decision to exchange information... Board of parole Hearings ( BPH ) also considers any letters submitted by prosecutors to! Led the campaign finance filing deadline a length of time people convicted of certain.! Requiring inmates denied release are reconsidered the following year, it 's the... And California public Safety we discuss each of these crimes include shoplifting, forging checks and... And proposition 20 california 2020 collection: requiring collection for specific misdemeanors ] [ 26 ] on!