California Voters Have Some Choices on Crime in November

An initiative addressing theft and drug abuse has qualified for California’s November 5 ballot, along with a ballot measure passed by the Legislature which increases the rights of prison inmates.

Proposition 36, is sponsored by the California District Attorneys Association and is supported by retailers, victims’ groups and most state law enforcement professionals. The measure changes several provisions of California Proposition 47, which converted thefts of $950 or less to misdemeanors, along with drug sales or possession, even if the offender has multiple priors. If adopted, Proposition 36 would strengthen penalties for habitual shoplifters and thieves, allowing an offender convicted of a third theft valued at less than $950 to be charged with a felony and sentenced to up to three years in state prison, depending on his criminal record.

Under Proposition 36, thieves who swarm stores in groups to shoplift and damage property could also be charged with a felony. Drug dealers selling fentanyl, cocaine, heroin, or methamphetamine could be charged with a felony and sentenced to prison, depending on the amount of drugs sold. For drug users, those arrested for possession of fentanyl, heroin, cocaine, or methamphetamine can be charged with a “treatment- mandated felony” which requires treatment. Those completing the treatment would have their record cleared. Those who do not complete treatment could receive jail or prison time. Proposition 36 also requires judges to sentence offenders for selling fentanyl, heroin, cocaine, or methamphetamine, and, if they sell these drugs to a person who dies from an overdose, they can be charged with murder.

Proposition 36 is opposed by two George Soros-funded pro-criminal groups, Prosecutors Alliance Action, and Crime Survivors for Safety and Justice, and a Reentry Providers Association which represents government-funded rehabilitation programs.

Proposition 6 is a Legislative Constitutional Amendment which was sponsored by the California Reparations Task Force as one of a host of measures to redress racial bias against African Americans. It amends a provision of the state constitution that requires that criminals sentenced to prison be required to do some type of work while serving their sentences. Proponents include the Law Enforcement Action Partnership, which advocates for the legalization of all drugs and opposes incarceration. While the measure purports to eliminate the “involuntary servitude” of prison inmates, it ignores the reality that a work requirement is a part of the offender’s punishment and often contributes to rehabilitation. Many inmates volunteer to join work programs to earn “good time” credits to reduce their sentences. Others select programs that train them for employment after release. The inmates that resist the work requirement are likely to be the most incorrigible. Under Proposition 6, this class of inmates would be allowed to do nothing productive while serving a sentence for the conviction of a serious or violent crime.

While CJLF is not a lobbying organization, it does take positions on ballot measures effecting law enforcement. The Foundation SUPPORTS Proposition 36 as a meaningful first step in restoring law and order to California.

The Foundation OPPOSES Proposition 6, because it equates criminals convicted of violent and serious crimes with African Americans forced into slavery due to their skin color.