CRIMINAL PENALTIES AND LAWS. PUBLIC SAFETY FUNDING.
(“RUNNER INITISATIVE”)
Initiative Statute

THE QUESTION

Should the state increase funding for new and existing criminal justice programs by at least $365 million in 2009-10; create multiple new crimes and penalties for gang-related offenses; change laws relating to parole, probation and admissible trial evidence; and lower the age at which juvenile offenders can be tried as adults?

BACKGROUND

(Note: This measure is sometimes known as the “Runner Initiative” for one of its proponents, State Senator George Runner.)

Criminal Justice Programs and Funds. State and local governments share responsibility for operating and funding various parts of California’s criminal justice system. Generally, the state funds and operates prisons, parole and the courts, while local governments are responsible for community law enforcement, such as police, sheriffs and criminal prosecutions.

The state supports some criminal justice activities that have traditionally been a local responsibility. In 2007-08, the state allocated hundreds of millions of dollars for local criminal justice programs. This includes $439 million for three such programs: the Citizens’ Option for Public Safety, the Juvenile Justice Crime Prevention Act and Juvenile Probation and Camps Funding.

The state also administers the State Penalty Fund that collects revenues from fees assessed to some criminal offenders. These funds are disbursed for various purposes, including restitution to crime victims and peace officer training. A portion is also transferred to the state General Fund.

Criminal Sentencing Laws. State laws define three kinds of crimes: felonies, misdemeanors, and infractions. A felony is the most serious type of crime. State laws specify the penalty options available for each crime, such as the maximum sentence of imprisonment in county jail or state prison. About 18 percent of persons convicted of a felony are sent to state prison. Other felons are supervised on probation in the community, sentenced to county jail, pay a fine, or have some combination of these punishments.

The California Department of Corrections and Rehabilitation operates 33 state prisons and other facilities with a combined adult inmate population of about 171,000 as of May 2008. Estimated operating costs in 2008-09 are approximately $10 billion. The average annual cost of incarcerating an inmate is approximately $46,000. The state prison system is currently experiencing overcrowding because there are not enough permanent beds available for all inmates. As a result, gymnasiums and other rooms in state prisons have been converted to house some inmates.

Supervision of Parolees and Sex Offenders. Convicted felons who have served their time in state prison are supervised on parole by the state after their release. State policies determine the number of parole agents and other staff necessary to supervise these parolees.

Proposition 83 (known as “Jessica’s Law”), approved by the voters in November 2006, requires that certain persons convicted of felony sex offenses be monitored by a Global Positioning System (GPS) device while on parole and for the rest of their lives. That proposition did not specify whether state or local governments would be responsible for paying for the GPS supervision costs after these offenders are discharged from state parole supervision.

THE PROPOSAL

Proposition 6 makes a number of changes to current laws relating to the state criminal justice, the most significant of which are the following:

Spending Levels for Certain New and Existing Criminal Justice Programs. The proposal creates new state-funded criminal justice system programs and requires that funding for certain existing programs be continued at their 2007-08 levels. The measure requires state spending of at least $965 million beginning in 2009-10 and reflects an increase in funding of $365 million compared to the current budget. Figure 1 summarizes the increase in state spending required by this measure, generally beginning in 2009-10.

Figure 1

The measure requires new state spending for such purposes as:

• Increased supervision of adult probationers by counties ($65 million).
• Juvenile facility repair and renovation and the operation of county probation programs for youth ($50 million).
• City law enforcement efforts to target various crimes, including violent, gang, and gun crimes ($30 million).
• Prosecution of violent, gang, and vehicle theft crimes ($25 million).
• Construction and operation of county jails ($25 million).
• Assistance to county sheriff and mid‑size city police agencies to participate in county, regional, and statewide enforcement activities and programs ($20 million).
• Programs to assist parolees in their reentry into communities ($20 million).

The measure prohibits state or local governments from using the new funding to replace funds now used for the same purposes. Future funding for most of these new and existing programs will adjusted annually for inflation.

The State Penalty Fund will be redistributed to increase training support for peace officers, corrections staff, prosecutors, and public defenders, as well as various crime victims’ services programs. It would eliminate the existing transfer of the money to the state General Fund. That transfer was approximately $14 million in 2007-08. Youthful Offender Block Grant funds for housing, supervising, and providing treatment services to juveniles must be distributed to county probation offices. It would eliminate existing provisions that permit these block grant funds to be provided directly to drug treatment, mental health or other county departments.

A new state office would be created to distribute public service announcements about crime rates and criminal justice statutes such as the “Three Strikes” law. A new commission would evaluate publicly funded early intervention and rehabilitation programs designed to reduce crime.

Increased Penalties for Certain Crimes. The proposal would increase criminal penalties for crimes related to gang participation and recruitment, intimidation of individuals involved in court proceedings, possession and sale of methamphetamines, vehicle theft, removing or disabling a GPS device, and firearms possession. These and other proposed increases in penalties would likely result in more offenders being sentenced to state prison or jail for a longer period of time.

Changes to State Parole Policies. The proposal would reduce the average number of parolees supervised by each parole agent from 70 to 50. The proposal would also require the state to pay the cost of GPS monitoring of sex offenders after their discharge from parole supervision.

Other Criminal Justice Changes. Other significant changes that the measure will make to state law include:

• Requiring the state to maintain two gang related databases.
• Expanding the circumstances in which hearsay evidence is admissible in court.
• Giving the state more power to bring lawsuits against gang members.
• Requiring agencies enforcing public housing requirements to do background checks on residents.
• Permitting counties with overcrowded jails to operate temporary housing for inmates.
• Prohibiting the release of a person charged with a violent felony on bail if he or she is an undocumented alien.
• Changing requirements for Juvenile Justice Coordinating Council membership so that counties would be no longer required to include representatives of nonprofit community organizations providing services to minors, drug or alcohol treatment programs, or other community members.
• Lowering the age at which juvenile offenders may be tried in adult court for certain gang related offenses from 16 to 14.

The measure contains a severability clause that provides that if any part of the measure is found to be invalid or unconstitutional, the rest of the measure would remain in effect.

Proposition 6 will go into effect with the start of the 2009-10 fiscal year.

FISCAL EFFECT

The proposition would have significant fiscal effects on both the state and local governments. These fiscal estimates could change due to pending federal court litigation or budget actions.

Required Spending Levels for Certain New and Existing Criminal Justice Programs. The measure requires state spending for various state and local criminal justice programs totaling about $965 million beginning in 2009-10, an increase of $365 million compared to 2007-08. The Legislative Analyst’s Office estimates that this amount will increase by about $100 million in about five years, due to the proposal’s provisions that require that state funding for certain programs be adjusted each year for inflation. In addition, the redistribution of the State Penalty Fund could result in about a $14 million loss in state General Fund revenues compared to the 2007-08 funds.

Increased Penalties for Certain Crimes; Parole Policy Changes. Some provisions of this measure would result in additional state costs to operate the prison and parole system. These costs are likely to grow to at least $200 million annually after a number of years. These increased costs are mainly due to provisions that increase penalties for gang, methamphetamine, vehicle theft, and other crimes, as well as provisions that decrease parole agent caseloads and require the state to pay for the cost of GPS monitoring for sex offenders discharged from parole supervision.

State Capital Outlay Costs. The provisions increasing criminal penalties for certain crimes could also result in additional one-time capital outlay costs related to prison construction and renovation. The magnitude of these one-time costs is unknown, but potentially could exceed $500 million.

State Trial Courts, County Jails, and Other Criminal Justice Agencies. This measure could have significant fiscal effects on state trial courts, county jails, and other criminal justice agencies, potentially resulting in both new costs and savings. The net fiscal effect of its various provisions is unknown, because it is impossible to gauge the fiscal impact of more offenders being arrested, prosecuted, and incarcerated in local jails or state prisons, more undocumented offenders being held longer for violent or gang-related crimes, and the use of temporary jail and treatment facilities utilized by counties.

The proposal provides some additional funding for prevention and intervention programs designed to reduce the likelihood that individuals will commit new crimes. To the degree that these programs are successful, they could result in fewer offenders being arrested, prosecuted, and incarcerated in local jails or state prisons than would otherwise occur. Additionally, provisions increasing criminal penalties for specified crimes could reduce costs related to courts and other criminal justice agencies by deterring some offenders from committing new crimes.

Other social and economic impacts on state and local governments are unknown.

WHAT A YES OR NO VOTE MEANS

A YES vote means that all the changes proposed in the initiative will go into effect.

A NO vote means that none of the changes proposed in the initiative will go into effect.

SUPPORTERS SAY

• Proposition 6 is a comprehensive measure that addresses crime and gang violence without raising taxes. It keeps our children safe, while education will continue to receive full funding.
• The Safe Neighborhoods Act increases penalties and provides local government with the 21st century resources it needs to win the war on gangs in California.
• Proposition 6 increases penalties, creates new felonies and misdemeanors, gives law enforcement new legal powers, increases the powers of surveillance of residents of public housing and members of gangs, and lowers the age to 14 years that a gang member accused of a felony may be tried in adult court.
• A survey conducted earlier this year by Loyola Marymount University found that Los Angeles residents ranked gang violence as the area’s number two problem, after traffic. Many concerned citizens say it is time for the state to put efforts into saving our children from gang involvement.

OPPONENTS SAY

• Proposition 6 will spend $1 billion in one year on programs and expanded jail and prison facilities, without providing a single source of new funding. That’s $1 billion that won’t be available for education, health care, fire protection or proven public safety efforts, while our state budget is already overextended.
• The Governor and Legislature have already taken firm steps to combat gangs and crime. Last year, Governor Schwarzenegger launched CalGRIP, directing state funds to law enforcement and community anti-gang programs throughout the state. CalGRIP applies a balanced approach, attacking gangs with prevention, intervention, suppression and incarceration. Proposition 6 would disrupt the current progress being made in California.
• Proposition 6 threatens young people. More 14-year olds will be tried as adults and more gang-related activities made felonies or misdemeanors. This money would be better spent on services like schools and children’s health care.
• Proposition 6 spends millions of dollars with no real oversight or accountability.

SUPPORT AND OPPOSITION

Ballot arguments in support are signed by Lee Baca, Sheriff, Los Angeles County; Bonnie M. Dumanis, District Attorney, San Diego County; and Harriet C. Salarno, Chair, Crime Victims United of California.

Ballot arguments in opposition are signed by Lou Paulson, President, California Professional Firefighters; and Stephen B. Walker, Chief Executive Officer, Minorities in Law Enforcement.

FOR MORE INFORMATION

General Information:

California Secretary of State:
http://www.voterguide.sos.ca.gov/

Legislative Analyst’s Office:
http://www.lao.ca.gov/ballot/2008/6_11_2008.pdf

Ballotpedia.org:
http://ballotpedia.org/wiki/index.php/California_Proposition_6_%282008%29

Supporters:

Yes on Prop 6, 916 996.7467:
http://www.safeneighborhoodsact.com

Opponents:

Defeat the Runner Initiative:
http://www.defeatrunner.org

2008 Coalition to Defeat the Runner Initiative:
http://www.votenoprop6.com