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PROPOSITION 6THE “SAFE NEIGHBORHOODS ACT”

WHAT DOES IT DO?WHAT SHOULD YOU DO ABOUT IT?

Presented byDavid Steinhart, Director

Commonweal Juvenile Justice Program

July 29, 2008Los Angeles

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Proposition 6: “Safe Neighborhoods Act”Scope of the measure….

Earmarks $1 billion per year in state funds for local law enforcement & probation operations

Adds more than 40 new crimes and penalties, resulting in increased jail & prison populations

Targets gangs with suppression laws including new penalties, expanded registration, civil injunctions, GPS tracking, housing evictions

Changes criminal procedure laws to facilitate prosecutions and convictions

Provides for trying more minors as adults Establishes new state oversight commission to review

and approve publicly funded criminal justice programs Numerous other changes in 32 pages of fine print text

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Prop 6: What does it do?MAIN FUNDING PROVISIONS

Prop 6 permanently earmarks $1 billion per year in state funds for designated law enforcement programs

Can be changed only by a ¾ vote of the Legislature

Appropriation rises each year with mandated COLAs

Earmarked funds will not be available for future state needs or

spending in other areas such as education, health care, environment

Proposition 6 Permanent Appropriations

$ 600 million for Existing programs

$ 365 million forNew programs

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Prop 6: What does it do?JJCPA/ Probation FundingProp 6: What does it do?

PERMANENTLY FUNDED EXISTING PROGRAMS

Proposition 6 perpetually funds existing programs: Total $ 600 MILLION per year

$- $50 $100 $150 $200 $250

Other

SB 81 DJJ Realignment

Probation Camp/Ranch

JJCPA

COPS

$$ Millions

(Citizens Option for Public Safety)

(Juvenile Justice Crime Prevention Act)

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Prop 6: What does it do?PERMANENTLY FUNDED NEW PROGRAMS

Proposition 6 perpetually funds new programs Total $ 365 MILLION per year

$- $20 $40 $60 $80 $100 $120

Victim & Other programs

Juvenile supervision & programs

Adult probation & parole

Juvenile facilities

Jail construction

Gang suppression

General law enforcement

$$ Millions

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Prop 6: FISCAL IMPACT IDENTIFIED BY CALIF. LEGISLATIVE ANALYST OFFICE (LAO)

Fiscal Effects Amount

Increase in net annual state costs

More than $500 million within the first few years, growing by tens of millions of dollars annually thereafter

Additional one time state capital outlay costs for prisons

Potentially more than $500 million

Costs and savings to state trial courts, county jails and other criminal justice agencies

Unknown net fiscal impact

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Prop 6: ADDS MORE THAN 40 NEW CRIMES AND PENALTIES TO CURENT LAW

EXAMPLES

GANG PARTICIPATION, RECRUITMENT AND REGISTRATION Life term for gang related home robbery, carjacking, witness threats Doubles prison terms for inmates who commit gang offenses 5 year prison enhancement for gang recruitment of person under 14 New felony for making false statements to police in gang investigations New felony/ misdemeanor penalties for failure to register New penalties for violations of gang injunctionsNEW DRUG CRIMES & PENALITES Bumps meth possession to felony, increases prison terms VEHICLE THEFT No probation for subsequent car theft convictions Additional year in prison if theft was for purpose of sale or for listed other uses New “joyriding” penaltiesVANDALISM– increases jail and prison terms for gang-related vandalism

offensesREMOVAL OF GPS DEVICE— New crimes and penalties for removal of GPS

device

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Prop 6: What does it do?ANTI GANG PROVISIONS

SPENDING-- of all new funds created by Prop 6… …the share dedicated to gang suppression (arrest, prosecution,

incarceration, registration, GPS tracking) = 30% ($100 million/yr.) …the share dedicated to gang prevention or intervention = 0%

(but, Prop 6 does allocate $10 million/year for “law enforcement run youth recreation and community service” programs, not targeted to gangs)

NEW GANG SUPPRESSION LAWS– Proposition 6…. adds multiple new crimes and penalties for gang-related conduct increases gang registration requirements and penalties expands gang civil injunction and lawsuit provisions broadens prosecutor access to adult court in juvenile gang cases adds restrictions on public housing allegedly used by gangs augments the Department of Justice gang data base

Prop 6: GANG ENFORCEMENT PACKAGE

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PROP 6 PERPETUALLY FUNDS Schiff Cardenas JJCPA ($125 million/year w/ COLAs) SB 81 (DJJ realignment) ($92 million/year w/ COLAs) Probation/camp funds ($200 million/year w/ COLAs)

PROP 6 GIVES PROBATION AN ADDITIONAL $50 MILLION PER YEAR for juvenile facilities

and supervision

JJCPA AMENDMENT Prop 6 REMOVES COMMUNITY BASED AGENCIES and private

providers from local Juvenile Justice Coordinating Councils

SB 81 (DJJ Realignment) AMENDMENT Prop 6 DISALLOWS DIRECT FUNDING OF COUNTY MENTAL

HEALTH OR DRUG/ALCOHOL AGENCIES…only PROBATION may receive SB 81 funds

Prop 6: JUVENILE JUSTICE SYSTEM

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TRYING MINORS AS ADULTS…. Prop 6 Amends WIC 707 to presume minors over 14 charged w/ felony

gang crimes are “UNFIT” for juvenile court and may be tried as adults, and

Provides that if adjudicated as juveniles, these youth may be sent to DJJ regardless of the commitment offense found by the court (i.e., goes around realignment law limits of SB 81).

NEW CRIMES & PENALITES FOR JUVENILES Many of the crimes and penalties added by Prop 6 will apply to

juveniles, as new offenses or as “max time” enhancements– e.g., GPS removal, vandalism, auto theft, multiple gang offenses

Prop 6: JUVENILE JUSTICE SYSTEM cont’d

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Prop 6: CRIME PREVENTIONProp 6: CRIME PROGRAM COMMISSION

Prop 6 creates the California Early Intervention, Rehabilitation and Accountability Commission

Purpose: evaluate publicly funded early intervention and rehabilitation programs, including juvenile programs and

• recommend continue or terminate funding Members: 9 appointees ( 3 Gov, the AG, 2 Leg majority,

2 Leg minority and one from the Judicial Council) New rules for programs receiving public funds

• Programs must submit records annually to Commission• Programs must adhere to listed objectives in Prop 6• Programs will be evaluated by the commission

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For persons illegally in the US, prohibits bail or release on OR if charged with a violent or gang offense

Permits sheriffs to operate temporary jails in residential areas not subject to normal jail regulations

Relaxes hearsay evidence rules for prosecutions involving witnesses whose unavailability is allegedly due to the defendant

Disallows good time credits for prisoners with up-to-life sentences

Requires adult parole officers to report any and all parole violations to the Board of Parole Hearings

Prop 6: OTHER LAW CHANGES

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Prop 6: Who’s in support?AUTHORS Sen. George & Assemblywoman Sharon Runner, 3-strikes author

Mike Reynolds, San Bernardino Co. Supervisor Gary Ovitt

SUPPORTING ORGANIZATIONS (Partial list, as of 8/1/08)• CA State Sheriffs Association (lead role: LA Sheriff Lee Baca)• California Police Chiefs’ Association• Chief Probation Officers of CA• CA District Attorneys Association• California Correctional Peace Officers Association• CA Probation, Parole & Correctional Association• Crime Victims United• Multiple Republican Office Holders

PROPONENTS’ WEBSITE: www. safeneighborhoodsact.com

Prop 6: WHO’S IN SUPPORT?

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Prop 6: Who’s Bankrolling Prop 6? WHO’S PAYING FOR PROP 6?

HENRY NICHOLAS III IS THE BIGGEST CONTRIBUTOR--$ 1 MILLION TO DATE• Founder of Broadcom• “One of world’s wealthiest individuals” (Forbes Magazine, 2006)• Invested in other anti-crime initiatives• Indicted in June 2008 for securities

fraud, drug crimes

OTHER LARGE CONTRIBUTORS:Larry Rasmussen $200,000George Runner for Senate $ 50,000Gary Ovitt for Supervisor $ 50,000Golden State Bail Assoc. $ 40,000LA Deputy Sheriffs $ 25,000Pechango Band Mission Indians $ 25,000-- Source: Calif. Secretary of State

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Prop 6: Proponents’ Brochure

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Prop 6: ARGUMENTS USED IN SUPPORT Gang crime and homicide rates in CA are trending dangerously

upward-- a criminal justice crisis to which Prop 6 responds

FACT-- While gang homicides in Los Angeles are up, statewide California violent crime rates including homicide are down over the last year and significantly lower over the last 20 years

(Source: “Crime in California”, CA Dept. of Justice, 2007)

New gang suppression laws– with tough new crimes, penalties and prosecutions—will be effective in combating gang violence

RESEARCHERS dispute this noting that suppression tactics have not been found to be effective in reducing gang violence unless combined with strategies that provide youth with alternatives to gangs. (Justice Policy Institute, “Gang Wars: the Failure of Enforcement Tactics and the

Need for Effective Public Safety Strategies”, 2007, at www.justicepolicy.org).

THE NEED FOR PROP 6 AS ASSERTED BY ITS SUPPORTERS

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Prop 6: Who’s Against Prop 6? Local public safety programs have lost funding in the CA budget

compared to growth in other state-funded programs

FACT: According to the Legislative Analyst, the Local Public Safety Fund for law enforcement has more than doubled from$ 1.4 billion in FY 93/94 to over $ 3 billion in FY 08/09. The state budget for local law enforcement exceeded $3.5 billion last year.(Source: LAO, FY 08/09 Budget Analysis, Judicial & Criminal Justice)

Probation-based juvenile justice operations are under-funded by the state

FACT: State financial subsidies for probation-run juvenile justice programs have grown steadily and significantly over the last ten years, rising from less than $100 million in 1997 to more than $400 million in 2007. Prime subsidies include: JJCPA ($125 mil), Probation/camp ($200 mil), SB 81 ($66 mil). (Source: California state budgets FY 96/97 – FY 07/08)

THE NEED FOR PROP 6 AS ASSERTED BY ITS SUPPORTERS– cont’d

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ORGANIZATIONS AGAINST (Partial list, as of 8/1/08) California Democratic Party California Teachers Association, Calif. Federation of Teachers Calif. Professional Firefighters SEIU (Service Employees International Union) Minorities in Law Enforcement Los Angeles City Council, SF Board of Supervisors Youth Advocacy Organizations (Ella Baker Center, Youth Law

Center, Children’s Defense Fund, CJCJ, others) League of Women Voters of CA

Opponents’ website: www.votenoprop6.com

Prop 6: GROUPS IN OPPOSITION

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Prop 6: Arguments USED in Opposition Crime statistics cited by proponents (and need for the measure)

do not accurately state statewide trends

Gang suppression emphasis of Prop 6 is not effective in deterring or reducing gang violence. Prop 6 undermines the Governor’s Cal-GRIP gang initiative launched just last year.

Prop 6 will cost taxpayers over $500 million per year in new spending

Permanent set-aside of $1 billion in state general funds is not appropriate given chronic state deficits; funds will not be available to meet other future needs

New Prop 6 programs ($365 million) have no performance objectives or accountability. Prop 6 perpetuates “COPS” program cited as having “no definable goals” and “no identifiable results” by the state Legislative Analyst

PROP 6: OPPONENTS’ ARGUMENTS

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Prop 6 over-reaches by adding more than 40 new crimes and penalties and a host of prosecution-based law changes

Prop 6 will drive up prison and jail populations, driving up the cost of a state prison system that is already in receivership

Prop 6 will have a disproportionate impact on minority and immigrant populations

Prop 6 can only be amended by a ¾ vote of the Legislature, except to increase crimes and penalties (majority vote OK).

Prop 6 has “unworthy” funding by a wealthy individual who has been indicted by U.S. prosecutors for securities & drug crimes.

PROP 6: OPPONENTS’ ARGUMENTS, cont’d