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California voters to decide on criminal justice propositions in November ballot

(Tyler Cho/Assistant Design director)

By Barnett Salle-Widelock

Nov. 4, 2024 2:11 a.m.

Two initiatives on November’s ballot aim to shift California’s policies on criminal justice, but with each in a different direction.

Proposition 36 would increase some drug and theft crimes from misdemeanors – usually minor crimes punishable by up to a year in jail – to felonies, the most serious type of crime. Proposition 6 amends the Constitution of California to remove involuntary servitude as a possible punishment for criminals.

Under Proposition 36, theft of $950 or less could become felonies, carrying a potential sentence of up to three years if the perpetrator has been convicted twice or more for similar crimes. Similarly, if three or more people were involved in a theft or property damage crime, their felony sentences could be raised by up to three years.

Proposition 36 is a partial reversal of Proposition 47, which reduced many minor theft and drug crimes to misdemeanors upon its 2014 passage. Ingrid Eagly, faculty co-director of the Criminal Justice Program at the UCLA School of Law, said the law, if passed, would put more people in prison for longer.

The proposition would also mandate sentences for the sale of certain hard drugs – including fentanyl, heroin, cocaine and methamphetamine – to be served in state prisons, rather than county jails.

Additionally, people charged with selling drugs would receive a warning that their actions could lead to a murder charge if someone died after taking the drugs they sold, which could raise the likelihood of a murder conviction in the future, according to the California Legislative Analyst’s Office.

Eagly added that the changes to drug crime sentences would contribute to increasing prison populations.

“It also creates this drug felony that is a new crime and would put more people into treatment with onerous conditions that can then revert into prison sentences,” she said.

According to the California LAO, the cost of Proposition 36 would likely range from “several tens of millions of dollars to the low hundreds of millions of dollars each year,” because of the increased expense of housing more prisoners and trying felonies, which often take longer.

A spokesperson for Yes on Prop 36 and former Daily Bruin staffer said the organization thought the estimate from the LAO was an overestimate. They added that even if the costs were that high, they represent a small fraction of that state budget and are worth the benefit.

“It (Proposition 36) holds those who are committing repeated retail theft and fentanyl sales crimes accountable for the safety and health of our communities,” the spokesperson said. “It brings back incentives and accountability needed for individuals to get them into necessary drug treatment and job programs.”

According to a report from the Public Policy Institute of California, reports of shoplifting incidents increased 28% from 2019 to 2023. In Los Angeles County, shoplifting and commercial burglary incident reports increased by 40% over the same period.

Fidel Chagolla, an organizer at All of Us or None – a group that advocates for incarcerated people and their families – said he believes the connection between Proposition 47 and a rise in crime does not exist. Chagolla added that the recidivism rate, the percentage of people who return to the criminal justice system after being released from jail or prison, is as low as it’s ever been.

“They want to tie it in with what’s been happening currently with fentanyl, youth and smash and grabs,” he said. “But the reality is, it has nothing to do with Proposition 47.”

A September poll by the PPIC found that 71% of likely voters supported the proposition.

(Daily Bruin file photo)
(Daily Bruin file photo)

Also on the California ballots in November is Proposition 6, which would ban involuntary servitude in California prisons and jails.

Currently, prisoners who refuse to work can be disciplined, often in the form of losing privileges. Those that do work often receive below a dollar per hour in wages, or simply earn time credits that reduce their sentences.

Proposition 6 would no longer require prisoners to work and prohibit punishing those who do not, following the lead of states including Alabama, Oregon and Utah, which have similarly removed involuntary servitude for prisoners from their constitutions in the last several years. Chagolla said while slavery is almost entirely outlawed, state constitutions often do not include prisoners under such protections.

“Folks are still living under slavery when they come in contact with the justice system,” he said. “The justice system incarcerate folks, and then they’re forced to work against their will, without their consent.”

Proposition 6 has no official public opposition. However, the September PPIC poll found that less than half of likely voters said they would vote yes on the measure.

The California LAO estimates that the impact of Proposition 6 on the state budget would be minimal.

“(Prop 6 could lead to a) potential increase or decrease in state and local criminal justice costs, depending on how rules around work for people in state prison and county jail change,” the California LAO website said. “Any effect likely would not exceed the tens of millions of dollars annually.”

Los Angeles residents can vote in-person Tuesday at the Ackerman Student Union, the Hammer Museum or De Neve Plaza, among other locations across the county. Voters can also submit a vote-by-mail ballot as long as it is postmarked by election day.

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Barnett Salle-Widelock | Slot editor
Salle-Widelock is a 2024-2025 slot editor and a News, Arts and Sports contributor. He was previously a Copy contributor. Salle-Widelock is a second-year political science student from Fairfax, California.
Salle-Widelock is a 2024-2025 slot editor and a News, Arts and Sports contributor. He was previously a Copy contributor. Salle-Widelock is a second-year political science student from Fairfax, California.
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