THE QUESTION Should the California juvenile justice system and California criminal laws be changed to increase punishment for certain crimes and increase the number of juveniles that can be prosecuted, sentenced and incarcerated as adults? PROVISIONS This measure increases the circumstances under which juveniles are tried as adults and housed in adult facilities if convicted; reduces record-confidentiality protection for juvenile offenders; changes probation and court procedures for juveniles; increases penalties for gang offenses; and designates more offenses as violent and serious. Juvenile prosecution, detention, incarceration, sentencing and probation provisions:
Juvenile record confidentiality provisions:
Gang member provisions:
Violent and serious felony/Three Strikes provisions:
BACKGROUND Current procedures for juvenile prosecution, detention, incarceration, sentencing and probation A minor 14 years or older can be tried as an adult for certain offenses. If the prosecutor makes a request to transfer the trial to adult court, the juvenile court holds a hearing to determine if it is appropriate to transfer the juvenile. However, offenders who have previously committed a felony and are accused of one of a specific list of violent crimes must be tried in the adult court. Under existing law, probation departments generally decide if a juvenile will be released or should be detained in juvenile hall after arrest. These decisions are based on the seriousness of the crime and space limitations at juvenile hall. Juveniles are detained if they possessed a firearm or are awaiting court for a very serious or violent crime. Current law prohibits housing juvenile offenders with adults. Therefore, most juveniles convicted in adult court are housed in a juvenile facility until they reach 18 years of age. There are around 100,000 juvenile offenders on probation annually. Most are on "formal" probation; the remaining are on "informal" probation. A juvenile found delinquent must be on formal probation. In informal probation, no court hearing is held in most cases because the probation department is able to impose that sanction. If a juvenile completes informal probation, there is no record of the juvenile crime. Current juvenile record confidentiality procedures For juveniles, the law currently keeps the criminal record information confidential. There are some limitations for juveniles convicted of a felony or a juvenile charged with a serious felony. Current gang procedures The law defines a gang as any ongoing organization with three or more people with one of its primary activities being the commission of certain crimes. Current law for a gang-related crime can bring an enhanced sentence of up to three years. Current violent and serious felony/Three Strikes procedures Individuals convicted of a serious or violent offense are subject to longer sentences, restrictive bail and probation rules, and certain prohibitions on plea-bargaining. The Three Strikes law gives longer prison sentences for individuals that have previously been convicted of a serious crime. It also provides for violent offenders to serve at least 85 percent of their sentence. Most offenders serve at least 50 percent of the sentence. FISCAL EFFECT According to estimates by the Legislative Analyst, passage of this initiative would result in the state's ongoing costs of more than $330 million annually due to the higher costs of the adult prison system and one-time costs of about $750 million for construction of additional incarceration facilities. Local governments would incur ongoing costs of tens of millions to more than $100 million per year, largely for housing juvenile offenders before their adult court disposition, and one-time costs from $200 million to $300 million. IMPACT OF YES OR NO VOTE A YES vote means that the punishment will increase for certain types of crimes and that there will be an increase in the number of juveniles who can be prosecuted, sentenced and incarcerated like adults. A NO vote means the current criminal laws will remain unchanged for juveniles and adults. SUPPORTERS SAY
OPPONENTS SAY
SUPPORTERS AND OPPONENTS The official ballot arguments in support are signed by Maggie Elvey, Assistant Director, Crime Victims United; Grover Trask, President, California District Attorneys Association; Chief Richard Tefank, President, California Police Chiefs Association; Sheriff Hal Barker, President, California Peace Officers Association; Elaine Bush, Former Director, California Mentor Initiative; and Collene Campbell (Thompson), Founder, Memory of Victims Everywhere. Other supporters mentioned in the official ballot arguments include the California State Sheriffs Association. The official ballot arguments in opposition are signed by Lavonne McBroom, President, California State PTA; Gail Dryden, President, League of Women Voters of California; Raymond Wingerd, President, Chief Probation Officers of California; Allen Breed, Former Director, California Youth Authority; Larry Price, Chief Probation Officer, Fresno County; and Father Gregory Boyle, Member, California State Commission on Juvenile Justice, Crime and Delinquency Prevention. Other opponents mentioned in the official ballot arguments include Marc Klaas/KlaasKids Foundation, California Council of Churches, California Catholic Conference, Children's Defense Fund, and California Tax Reform Association. For more information: Supporters: Matt Ross, Californians to End Gang Violence, 916-446-6667, email endgangviolence@szmi.com, www.faqvoter.com Opponents: Californians for Community Safety, 415-437-4009, email noprop21@hotmail.com, www.noprop21.org
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