2020 Proposition 20: Do We Really Need to Send More People to Jail?
I’m hoping to give readers a glimpse of what to expect with the dozen proposals on the November statewide ballot. Later on in the season I’ll post more materials on the higher profile measures under consideration.
As has been true with elections since 2012, I’ll endeavor to research and post about as many propositions and local elections as I can. I have no schedule, other than to say it will be done when it’s done.
One thing we can know for sure, tons of money will be spent to support or oppose the various propositions. Where that money comes from is, to me, more important than what the messages being pushed are. I’ll get around to more specifics on funding as the election approaches.
Here’s where we are:
Monday, July 13: Proposition 14, which asks Californians to continue to support stem cell research funding via bond sales.
Tuesday, July 14: Proposition 15, which seeks to amend the property tax structure so commercial land isn’t taking advantage of a law passed with protecting elders from excessive increases.
Wednesday, July 15: Proposition 16, which seeks to undo the state’s ban on affirmative action.
Thursday, July 16: Proposition 17, expanding voting rights to include parolees.
Friday, July 17: Proposition 18, allowing 17 year-olds to vote.
Monday, July 20: Proposition 19: Property Tax Transfers
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In an era where reform of the criminal justice system is more a question of when rather than if, increasing criminal penalties and restricting parole for non-violent offenders seems like a non-starter.
But you have to remember that most of the political action on this measure (and Prop 25) came about long before George Floyd’s murder changed the dynamics and public opinion on criminal justice.
The “reforms” offered up in this measure are more like rollbacks. At the bottom of this endeavor is the use and abuse of the criminal justice system in the service of a caste system based on race, ethnicity, and protection of the status quo.
Proposition 20 - Restricts Parole for Non-Violent Offenders. Authorizes Felony Sentences for Certain Offenses Currently Treated Only as Misdemeanors. Initiative Statute
For: Yes on 20 – Keep California Safe, a Project of the California Public Safety Partnership Issues Committee Committee major funding from San Bernardino County Sheriff’s Employees’ Benefit Association
Website | Facebook | Twitter | Endorsers | Text of Measure
Against: There does not seem to be a dedicated committee in opposition to Prop 20. Funding in opposition came from Gov. Jerry Brown’s PAC, the ACLU, Lynn Schusterman, and Patty Quillin.
Why - Proposition 20 is aimed at correcting what many in law enforcement consider significant public safety problems created by AB 109 and Propositions 47 and 57.
It’s a tough on crime measure, cutting back on the list of offenses eligible for early release from incarceration, revising the dollar threshold for theft to be considered a felony, tightens up parole requirements, and reinstates DNA collection for offenses reduced to misdemeanors by Proposition 47.
In short, advocates for Proposition 20 would like to make it easier to incarcerate people. They’d like everybody to believe the world would be a safer place with their approach.
The rest of the story:
Proposition 20 is the brainchild of California Assemblyman Jim Cooper (D), a former deputy sheriff known for his tough-on-crime positions. The measure aims to roll back reforms enacted over the past decade.
In 2011, California legislators reduced punishments for parole violators. In 2014, voters passed Proposition 47, recategorizing some non-violent crimes as misdemeanors. In 2016, voters passed Proposition 57, giving inmates convicted of certain non-violent offenses a shot at early release.
While I’m sure the Yes on 20 Campaign will find some individual horrific examples of crime running rampant in California, the reality is that overall rates are at or near historic lows.
What’s also real is that our country has tried to incarcerate its way out of economic injustice issues, using racism as a lever. America has the distinction of having the highest rate of incarceration per capita in the world, and it should surprise nobody to learn that people of color are disproportionately represented behind bars.
From the introduction to The New Jim Crow:
Rather than rely on race, we use our criminal justice system to label people of color “criminals” and then engage in all the practices we supposedly left behind. Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African Americans. Once you’re labeled a felon, the old forms of discrimination—employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service—are suddenly legal. As a criminal, you have scarcely more rights, and arguably less respect, than a black man living in Alabama at the height of Jim Crow. We have not ended racial caste in America; we have merely redesigned it.
Cooper and Prop 20 got some unwanted publicity recently via Judd Legum’s Popular Information newsletter.
Lara Bazelon, a professor of law and director of the racial justice clinic at the University of San Francisco, offered this description of Cooper:
He uses his law enforcement background to tell these torrid tales of criminals run amok as a scare tactic … he uses charged language to make people feel angry, vulnerable, and reactive, which then promotes the policies he wants. It’s all about propping up mass incarceration and fighting change.
He is a prolific fundraiser, bringing in $3.4 million in his first five years in office, mostly from "bail bond agents, law enforcement organizations, public sector unions, and corporate interests."
Legum looked into the funding for Prop 20, much of which came from large California police officer unions, including $2 million from California Correctional Peace Officers Association. He also discovered three corporations backing the measure: Ralphs, Safeway, and Costco.
The YesOn20 campaign is using the support from Ralphs and Safeway to convince voters to support the proposition, videos and social media.
In a June 11 letter to Costco members, CEO Craig Jelinek wrote that "all individuals and organizations can use this moment as a catalyst for change" and "re-examine how we deal with issues of racism and injustice everywhere in our society."
Yet Costco donated $50,000 in support of Proposition 20. The company did not respond to a request for comment.
Oh, and Prop 20 will cost us money:
Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court-related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders.
Voter Guide – You’ve Voted for President, what’s next?
I’ll be writing about many ballot measures and candidates between now and the end of September. That work will be condensed into an handy-dandy voter guide just in time for your mail-in ballots to arrive. I’m the guy who coordinated San Diego Free Press’s Voter Guides over the past decade, so this won’t be my first effort. Stay tuned.
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