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Restricts Parole For Certain Offenses Currently Considered To Be Non-Violent. Authorizes Felony Sentences For Certain Offenses Currently Treated Only As Misdemeanors. Initiative Statute.
Propositions
Limits access to parole program established for non-violent offenders who have completed the full term of their primary offense by eliminating eligibility for certain offenses. Fiscal Impact: Increase in state and local correctional, court, and law enforcement costs likely in the tens of millions of dollars annually, depending on implementation.
Voter Information Guide For 2016, General Election
Voter Information Guide For 2016, General Election
Propositions
California General Election
Death Penalty. Initiative Statute.
Death Penalty. Initiative Statute.
Propositions
Repeals death penalty as maximum punishment for persons found guilty of murder and replaces it with life imprisonment without possibility of parole. • Applies retroactively to persons already sentenced to death. • States that persons found guilty of murder and sentenced to life without possibility of parole must work while in prison as prescribed by the Department of Corrections and Rehabilitation. • Increases portion of life inmates’ wages that may be applied to victim restitution. • Net ongoing reduction in state and county costs related to murder trials, legal challenges to death sentences, and prisons of around $150 million annually …
Death Penalty. Procedures. Initiative Statute.
Death Penalty. Procedures. Initiative Statute.
Propositions
Changes procedures governing state court appeals and petitions challenging death penalty convictions and sentences. • Designates superior court for initial petitions and limits successive petitions. • Establishes time frame for state court death penalty review. • Requires appointed attorneys who take noncapital appeals to accept death penalty appeals. • Exempts prison officials from existing regulation process for developing execution methods. • Authorizes death row inmate transfers among California prisons. • Increases portion of condemned inmates’ wages that may be applied to victim restitution. • States other voter approved measures related to death penalty are void if this measure receives more …
Marijuana Legalization. Initiative Statute.
Marijuana Legalization. Initiative Statute.
Propositions
Legalizes marijuana under state law, for use by adults 21 or older. • Designates state agencies to license and regulate marijuana industry. • Imposes state excise tax of 15% on retail sales of marijuana, and state cultivation taxes on marijuana of $9.25 per ounce of flowers and $2.75 per ounce of leaves. • Exempts medical marijuana from some taxation. • Establishes packaging, labeling, advertising, and marketing standards and restrictions for marijuana products. • Prohibits marketing and advertising marijuana directly to minors. • Allows local regulation and taxation of marijuana. • Authorizes resentencing and destruction of records for prior marijuana convictions. …
State Budget. Budget Stabilization Account.
State Budget. Budget Stabilization Account.
Propositions
Requires annual transfer of state general fund revenues to budget stabilization account. Requires half the revenues be used to repay state debts. Limits use of remaining funds to emergencies or budget deficits. Fiscal Impact: Long-term state savings from faster payment of existing debts. Different levels of state budget reserves, depending on economy and decisions by elected officials. Smaller local reserves for some school districts. Note: On August 11, 2014, the State Legislature and Governor renumbered Proposition 44 to Proposition 2.
Criminal Sentences. Misdemeanor Penalties.
Criminal Sentences. Misdemeanor Penalties.
Propositions
Requires misdemeanor sentence instead of felony for certain drug and property offenses. Inapplicable to persons with prior conviction for serious or violent crime and registered sex offenders. Fiscal Impact: State and county criminal justice savings potentially in the high hundreds of millions of dollars annually. State savings spent on school truancy and dropout prevention, mental health and substance abuse treatment, and victim services.
Voter Information Guide For 2014, General Election
Death Penalty.
Propositions
Repeals death penalty and replaces it with life imprisonment without possibility of parole. Applies retroactively to existing death sentences. Directs $100 million to law enforcement agencies for investigations of homicide and rape cases. Fiscal Impact: Ongoing state and county criminal justice savings of about $130 million annually within a few years, which could vary by tens of millions of dollars. One-time state costs of $100 million for local law enforcement grants.
Human Trafficking. Penalties.
Propositions
Increases prison sentences and fines for human trafficking convictions. Requires convicted human traffickers to register as sex offenders. Requires registered sex offenders to disclose Internet activities and identities. Fiscal Impact: Costs of a few million dollars annually to state and local governments for addressing human trafficking offenses. Potential increased annual fine revenue of a similar amount, dedicated primarily for human trafficking victims.
Three Strikes Law. Repeat Felony Offenders. Penalties.
Three Strikes Law. Repeat Felony Offenders. Penalties.
Propositions
Revises law to impose life sentence only when new felony conviction is serious or violent. May authorize re-sentencing if third strike conviction was not serious or violent. Fiscal Impact: Ongoing state correctional savings of around $70 million annually, with even greater savings (up to $90 million) over the next couple of decades. These savings could vary significantly depending on future state actions.
Voter Information Guide For 2012, General Election
Voter Information Guide For 2009, Special Election
Nonviolent Drug Offenses. Sentencing, Parole And Rehabilitation.
Nonviolent Drug Offenses. Sentencing, Parole And Rehabilitation.
Propositions
NONVIOLENT DRUG OFFENSES. SENTENCING, PAROLE AND REHABILITATION. INITIATIVE STATUTE. Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses. Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole. Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies. Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries. Creates 19 member board to direct parole and rehabilitation policy. Summary …
Proposition 6 Police And Law Enforcement Funding. Criminal Penalties And Laws.
Proposition 6 Police And Law Enforcement Funding. Criminal Penalties And Laws.
Propositions
POLICE AND LAW ENFORCEMENT FUNDING. CRIMINAL PENALTIES AND LAWS. INITIATIVE STATUTE. Requires minimum of $965,000,000 each year to be allocated from state General Fund for police, sheriffs, district attorneys, adult probation, jails and juvenile probation facilities. Some of this funding will increase in following years according to California Consumer Price Index. Makes approximately 30 revisions to California criminal law, many of which cover gang-related offenses. Revisions create multiple new crimes and additional penalties, some with the potential for new life sentences. Increases penalties for violating a gang-related injunction and for felons carrying guns under certain conditions. Summary of Legislative Analyst’s …
Criminal Justice System. Victims' Rights. Parole.
Criminal Justice System. Victims' Rights. Parole.
Propositions
CRIMINAL JUSTICE SYSTEM. VICTIMS’ RIGHTS. PAROLE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole. Establishes victim safety as consideration in determining bail or release on parole. Increases the number of people permitted to attend and testify on behalf of victims at parole hearings. Reduces the number of parole hearings to which prisoners are entitled. Requires that victims receive written notification of their constitutional rights. Establishes timelines and procedures concerning parole revocation hearings. Summary of Legislative Analyst’s Estimate of Net State and Local Government …
Voter Information Guide For 2008, General Election
Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions And Monitoring.
Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions And Monitoring.
Propositions
SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS. PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING. INITIATIVE STATUTE. Increases penalties for violent and habitual sex offenders and child molesters. Prohibits registered sex offenders from residing within 2,000 feet of any school or park. Requires lifetime Global Positioning System monitoring of felony registered sex offenders. Expands definition of a sexually violent predator. Changes current two-year involuntary civil commitment for a sexually violent predator to an indeterminate commitment, subject to annual review by the Director of Mental Health and subsequent ability of sexually violent predator to petition court for sexually violent predator's conditional release or unconditional discharge. Summary …
Disaster Preparedness And Flood Prevention Bond Act Of 2006.
Disaster Preparedness And Flood Prevention Bond Act Of 2006.
Propositions
DISASTER PREPAREDNESS AND FLOOD PREVENTION BOND ACT OF 2006. This act rebuilds and repairs California's most vulnerable flood control structures to protect homes and prevent loss of life from flood-related disasters, including levee failures, flash floods, and mudslides. Protects California's drinking water supply system by rebuilding delta levees that are vulnerable to earthquakes and storms. Authorizes a $4.09 billion dollar bond act. Appropriates money from the General Fund to pay off bonds. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: State cost of about $8 billion over 30 years to pay off both the principal …
Voter Information Guide For 2006, General Election
State Spending And School Funding Limits.
State Spending And School Funding Limits.
Propositions
STATE SPENDING AND SCHOOL FUNDING LIMITS. INITIATIVE CONSTITUTIONAL AMENDMENT. Limits state spending to prior year’s level plus three previous years’ average revenue growth. Changes state minimum school funding requirements (Proposition 98); eliminates repayment requirement when minimum funding suspended. Excludes appropriations above the minimum from schools’ funding base. Directs excess General Fund revenues, currently directed to schools/tax relief, to budget reserve, specified construction, debt repayment. Permits Governor, under specified circumstances, to reduce appropriations of Governor’s choosing, including employee compensation/state contracts. Continues prior year appropriations if state budget delayed. Prohibits state special funds borrowing. Requires payment of local government mandates. SUMMARY OF …
Local Government Funds, Revenues. State Mandates.
Local Government Funds, Revenues. State Mandates.
Propositions
Local Government Funds, Revenues. State Mandates. Initiative Constitutional Amendment. • Requires voter approval for any legislation that provides for any reduction, based on January 1, 2003 levels, of local governments’ vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. • Permits local government to suspend performance of state mandate if state fails to reimburse local government within 180 days of final determination of state-mandated obligation; except mandates requiring local government to provide/modify: any protection, benefit or employment status to employee/retiree, or any procedural/substantive employment right for employee or employee organization. Summary of …
Limitations On "Three Strikes" Law. Sex Crimes. Punishment.
Limitations On "Three Strikes" Law. Sex Crimes. Punishment.
Propositions
Limitations on “Three Strikes” Law. Sex Crimes. Punishment. Initiative Statute. • Amends “Three Strikes” law to require increased sentences only when current conviction is for specified violent and/or serious felony. • Redefines violent and serious felonies. Only prior convictions for specified violent and/or serious felonies, brought and tried separately, would qualify for second and third “strike” sentence increases. • Allows conditional re-sentencing of persons with sentences increased under “Three Strikes” law if previous sentencing offenses, resulting in the currently charged felony/felonies, would no longer qualify as violent and/or serious felonies. • Increases punishment for specified sex crimes against children. Summary …
Protection Of Local Government Revenues
Protection Of Local Government Revenues
Propositions
Protection of Local Government Revenues • Protects local funding for public safety, health, libraries, parks, and other locally delivered services. • Prohibits the State from reducing local governments’ property tax proceeds. • Allows the provisions to be suspended only if the Governor declares a fiscal necessity and two-thirds of the Legislature approve the suspension. Suspended funds must be repaid within three years. • Also requires local sales tax revenues to remain with local government and be spent for local purposes. • Requires the State to fund legislative mandates on local governments or suspend their operation. Summary of Legislative Analyst’s Estimate …
Dna Samples. Collection. Database. Funding.
Dna Samples. Collection. Database. Funding.
Propositions
DNA Samples. Collection. Database. Funding. Initiative Statute. • Requires collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database; and, in five years, from adults arrested for or charged with any felony. • Authorizes local law enforcement laboratories to perform analyses for state database and maintain local database. • Specifies procedures for confidentiality and removing samples from databases. • Imposes additional monetary penalty upon certain fines/forfeitures to fund program. • Designates California Department of Justice to implement program, subject to available moneys: Authorizes $7,000,000 loan …
Funds Dedicated For State And Local Infrastructure.
Funds Dedicated For State And Local Infrastructure.
Propositions
FUNDS DEDICATED FOR STATE AND LOCAL INFRASTRUCTURE. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Requires specified percentages of General Fund revenues to be set-aside for acquisition, construction, rehabilitation, modernization, or renovation of infrastructure. • Expenditures must be divided equally between state projects and local projects, other than school and community college district projects, including local street, transportation, water, park, and open space projects. • Proposition 98 school funding guarantee is unchanged. • Amount of first set-aside scheduled for 2006–07 is 1%; they increase 0.3% annually to 3% and then remain fixed. Set-asides are subject to increase, decrease, or suspension with revenue increases and …
Voter Information Guide For 2003, Special Election
Proposition 52 Election Day Voter Registration. Voter Fraud Penalties.
Proposition 52 Election Day Voter Registration. Voter Fraud Penalties.
Propositions
Election Day Voter Registration. Voter Fraud Penalties. Initiative Statute. •Allows persons who are legally eligible to vote and have valid identification to register to vote on election day at their polling place. • Increases criminal penalty for voter and voter registration fraud. •Criminalizes conspiracy to commit voter fraud. • Requires trained staff at polling places to manage election day registration, creates fund to implement measure, including training and providing personnel for election day registration. •Allows persons to register or reregister during 28 days preceding election day at local election offices. • Provides more time to county election officials to prepare …
Juvenile Crime.
Propositions
JUVENILE CRIME. INITIATIVE STATUTE. • Increases punishment for gang-related felonies; death penalty for gang-related murder; indeterminate life sentences for home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and creates crime of recruiting for gang activities; and authorizes wiretapping for gang activities. • Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses. • Eliminates informal probation for juveniles committing felonies. • Requires registration for gang related offenses. • Designates additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal …
Subordinate Judicial Officers. Discipline.
Subordinate Judicial Officers. Discipline.
Propositions
SUBORDINATE JUDICIAL OFFICERS. DISCIPLINE. LEGISLATIVE CONSTITUTIONAL AMENDMENT. This measure grants the Commission on Judicial Performance discretionary authority with regard to the oversight and discipline of subordinate judicial officers, subject to California Supreme Court review, according to same standards as judges. Provides that no person found unfit to serve as subordinate judicial officer after hearing before Commission shall have status required to serve as subordinate judicial officer. Responsibility of court to initially discipline or dismiss subordinate judicial officer as employee not diminished or eliminated by measure. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Probably minor, …