Criminal Justice System. Victims’s Rights. Parole.
Constitutional Amendment and Statute

THE QUESTION

Should the state Constitution and state laws be amended to expand the legal rights of crime victims, restrict the early release of inmates, and change the procedures for granting and revoking parole?

THE SITUATION

Crime victims in California have the right to be notified of, attend, and state their views at sentencing and parole hearings. They also have the right to restitution from the offender for their losses suffered as a result of the crime, although judges can decide not to order it if they find compelling and extraordinary reasons not to do so.

The state prison system is currently facing an overcrowding crisis. The Legislature and courts have been considering various proposals to reduce overcrowding, including early release of prisoners.

THE PROPOSAL

Proposition 9 would change the state Constitution and some state statutes to: give crime victims the right to be notified, attend and be heard at all public criminal proceedings including bail hearings, pleas, sentencing and parole; require that the victim’s safety be considered in setting bail; and require that restitution be ordered from offenders, with no exceptions. The measure would also change procedures for parole by, among other things, allowing less frequent parole hearings for inmates serving life terms and restricting the right to legal counsel for parole revocation hearings. It would also provide that criminal sentences cannot be substantially reduced by early release policies to relieve prisons or jail overcrowding.

FISCAL EFFECT

The initiative could result in potentially hundreds of millions of dollars in increases in state prison and county jail operating costs due to the restrictions on early release of inmates. There could be potential savings in the low tens of millions of dollars resulting from fewer parole hearings and changes to parole revocation procedures. The changes to restitution and victims’ rights are not likely to have a significant fiscal impact. The net fiscal effects of Proposition 9 are unknown because costs and savings will largely depend on future factors such as how the measure is implemented, the results of any court challenges, and legislative and court actions to reduce prison overcrowding.

WHAT A YES or No VOTE MEANS

A YES vote means that the legal rights of crime victims, including the right to restitution, will be expanded, early release of inmates will be restricted, and changes will be made in the procedures for granting and revoking parole.

A NO vote means that the rights of crime victims will remain as they are now in the state Constitution and in state law, and parole.

SUPPORTERS SAY

• Prop. 9 guarantees crime victims’ rights to justice and due process, putting those rights in the state Constitution.
• It protects crime victims by requiring that the safety of victims and their families be considered in bail decisions and by mandating that victims be notified when offenders are released.
• Prop. 9 ensures that criminals will serve their full sentences and pay restitution to their victims, and it eliminates unnecessary parole hearings for dangerous criminals who have virtually no chance of release.

OPPONENTS SAY

• The state Constitution is not the appropriate place for a detailed listing of victims’ rights; they belong in state statutes.
• Prop. 9 is misleading and duplicative. Many of its provisions are already the law, such as the victim’s right to be heard throughout the legal process.
• California is already strict on parole—for the past 20 years, the annual parole rate for inmates convicted of second degree murder or manslaughter has been less than 1 percent of those eligible.

FOR MORE INFORMATION

Supporters: Friends of Marsy’s Law
www.friendsofmarsyslaw.org

Opponents: No on Propositions 6 & 9
916 443-7817
(Note: The “No on Propositions 6 & 9: Communities for Safe Neighborhoods and Fiscal Responsibility” committee has filed with the California Secretary of State in opposition to Proposition 9. The only apparent Web site for this group, www.VoteNoProp6.com, focuses on Proposition 6 only.)

For more information from the League of Women Voters and others, see Smart Voter on Proposition 9.

The League of Women Voters of California is a nonpartisan organization committed to informed and active citizen participation in government. All citizens, men and women, of voting age are welcomed to join. The League has two roles, citizen education and advocacy. Our election services are carried out by the League of Women Voters of California Education Fund (LWVCEF) and exclude all advocacy.