Proposition 6: Police and Law Enforcement Funding. Criminal Penalties and Laws. Initiative Statute. - recommend No
Proposition 6 is another one of the long ones on this year's ballot. Unlike Prop 5, Prop 6 covers a lot of different territory, changing current law in a number of places and adding new funding and some new programs. Very generally, it adds money to the tune of $500 million a year to various public safety related programs and increases the severity of punishments for a range of violent, firearms, and gang-related crimes, with an expected $500 million worth of new prison building to match.
I've broken it down below, but I think the salient facts are that this proposition will result in a lot of new state spending and will represent a significant bump in our prison population. I'll note here that the argument in favor of this proposition asserts that it "returns taxpayers' money to local law enforcement without raising taxes." This is clearly disingenuous, as this proposition would add half a billion in new spending annually. Simply not bothering to figure out where that money is coming from does not count as not raising taxes.
Cost aside, if there were empirical evidence that putting a lot of people in prison would lead to a marked decrease in crime overall, then we could do a cost-benefit analysis and compare the benefit of this approach to other approaches, like explicitly hiring more police officers. Unfortunately, the case here is not clear. Even on the major web site in support of this proposition, the evidence is weak. They mainly cite crime stats, and point out that we need more police officers. Given that there does seem to be evidence for crime reduction as a consequence of increased police presence, it's curious that Prop 6 spends so much money and effort increasing penalties and doing things other than simply funding more police officers.
I approve of the witness-tampering related changes to the law in this proposition, but would prefer that they be passed without the rest of this material.
As I said, it's a long proposition. Let's try to break it down.
Programs
Prop 6 adds and builds on a number of public safety programs. This is expected to result in an extra $500 million in spending, annually, with year-to-year increases as it requires many of these programs to inrease their funding in lockstep with inflation.
First of all, it would establish the Office of Public Safety Education and Information, tasked with the dissemination of crime statistics and information about things such as Three Strikes, Jessica's Law, and so forth. It would be required to maintain a webs ite with a public safety information page, crime victim information and support, and so forth. This program would receive $12.5 million in funding each year (adjusted for inflation -- just assume that's true from here on out), with 20% to be sent off to support Sheriff's departments participting in the Victim Information and Notification Everyday (VINE) program, and 80% to other county police departments.
It would also establish the California Early Intervention, Rehabilitation, and Accountability Commission, tasked with studying rehabilitation and deterrence programs, then to release its findings to the public. It's also supposed to recommend and propose standards relating to rehabilitation and deterrence. There's an interesting clause contained within the section establishing this Commission. In addition to these general-sounding goals, the section of Prop 6 that establishes this commission requires that early intervention and rehabilitation programs have clearly defined goals and tracking -- basically, a moderately specific call for accountability in these programs.
Notably, Prop 6 would remove the requirements for community-based representatives to be involved in councils required the development of local action plans relating to juvenile crime and delinquency. It would also remove the ability to use community punishments plans in dealing with these issues.
Prop 6 would also remove mental health, drug, alcohol, and other county departments other than probation from eligibility for Youthful Offender Block Grant Fund money.
Following these adjustments, Prop 6 swings in a giant funding package spread across a number of current or new state organizations. If you're reading through and doing the arithmetic, you'll see that the funding discussed amounts to almost a billion dollars annually. Keep in mind that in many cases the values shown are increases to already-funded programs -- this is why the annual increase in expenditures from this proposition is expected to come in at about half a billion (or, more briefly, roughly half a billion of the amount discussed is already being spent on the listed programs). Okay, let's start looking at the funding additions and changes. We have:
$92.5 million to assist in housing youthful offenders
$50 million for the Juvenile Probation Facility and Supervision Fund, to cover juvenile facility repair and renovation, juvenile probation, and juvenile deferred judgment programs.
$10 million to the Crimestopper Reward Reimbursement Fund, to reimburse awards given out by groups and individuals in support of solving felony cases. In other words, if you as a private citizen offer a $5,000 reward for information about a person who murdered someone you know, and you end up paying out that reward, then this fund would reimburse you.
$20 million to the Parolee Reentry Fund to fund contracts for parolee mentoring and workforce programs.
$500 million to the Citizens Option for Public Safety programs (COPS, yes), with half to go the local jurisdictions, and half to go to the Safe Neighborhood Fund. The latter fund is spread across various city anti-gang and anti-violent crime groups, multiagency task forces, county sheriffs, county jails, GPS tracking, and other purposes. The single biggest share, slightly over a quarter, goes to county probation departments.
$10 million to the Safe Neighborhoods Compliance Enforcement Fund. This is meant to support work that eliminates public funding of tenancies that are occupied by people involved in drug, gang, or other criminal activity.
It would also renew and make perpetual the Central Valley Rural Crime Prevention Program, and the Central Coast Rural Crime Prevention Program. Between them, they support crime prevention efforts in Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and San Benito counties. There is no specific funding set aside for these programs.
It also starts the Victim Trauma Recovery Fund to provide comprehensive recovery services for crime victims, with grant money awarded to up to five sites.
It allows counties to start child advocacy centers, which sound like a pretty solid idea -- the goal is to have one clearinghouse where specially trained people can coordinate any inteviews a child may have to undergo as part of a criminal or other investigation, to try to reduce the number of separate interviews a child has to undergo. Prop 6 creates the Child Advocacy Center Fund to support this concept.
Finally, Prop 6 seriously shifts where money from the State Penalty Fund goes. The main change is to yank basically all the money that's going into the Driver Training Penalty Assessment Fund, with the shifted money going to Corrections Training, Victim-Witness Assistance, and the new Victim Trauma Recovery Fund and Child Advocacy Center Fund.
A lot of stuff, right?
Laws
Prop 6 would also revise a number of laws related to gangs, felonies, and other crimes. Most of the revisions tend toward making punishments for these crimes more severe than they currently are.
One notable exception here is a revision to laws relating to witness testimony. First, Prop 6 would alter the legal meaning of "unavailable as a witness" to include a potential witness who is actually at a hearing, but for some reasons refuses to testify. Second, it would allow second-hand repeating of testimony (e.g. "I heard Bob say that Joe committed this crime") in cases where the statement is being given in a case against someone who somehow caused the original speaker to be unavailable as a witness (e.g. by killing them). Both of these changes appear to be oriented toward removing the incentive to mess with witnesses. The laws relating to witness tampering would also change, such that a series of tampering offenses would be classed as felonies, punishable by 2-4 years in prison.
Vandalism crimes would have their cash value aggregated for the purposes of determining punishment if they are "part of a common plan" -- gang tagging, for example. The expected effect here would be to bump up the punishment for some people involved in vandalism.
Penalties would be increased for home invasions and carjackings, as well as threats directed toward judges, jurors, prosecutors, public defenders, and similar figures. In addition, laws that currently give enhanced penalties for theft of on-duty ambulances and emergency vehicles would now apply at all times, on-duty or off.
The laws around street gangs undergo a number of revisions. Nuisance injunctions become contempt of court, which appears to mean that someone can summarily be given jail time and a fine. In addition, cumulative violations would result in bigger and bigger jail times. It would enhance jail times for accessories to crimes committed as part of a gang. Recruiting a minor under the age of 14 would yield another 5 years of punishment on top of the normal for recruiting for a gang. The recruiter would also count as a principal for any subsequent felonies committed by their recruits within a year after recruiting. Prop 6 also introduces the ability to sue a street gang by its assumed name (e.g. charging the local Pirus with a vandalism charge as a group). Finally, this proposition generically doubles the prison terms for committing felonies for a gang.
Prop 6 also adds some changes relating to drug and weapon possession. It adds an extra ten years of prison time for firearms convictions on the part of someone who was already barred from possessing a firearm, as well as adding some new rules relating to firearms use from a car. Firearms and gang penalties can also stack under the revised rules in Prop 6.
Prison Overcrowding
Finally, Prop 6 authorizes temporary emergency jails and treatment facilities to avoid early release as a response to prison overcrowding. These temporary facilities still have to be staffed by regular Department of Corrections employees.
Back to the supporters
Financial support for Prop 6 comes from a number of people who are currently running for office, as well as the group Crime Victims United of California and a number of law enforcement-related groups. The single largest contributor, coming in with a million dollars, is Henry Nicolaus (his name is misspelled in the listing as "Nicholaus"). He's a businessman in Aliso Viejo without a lot of background information available.
Money opposing Prop 6 comes from a collection of civil rights and government employee associations. The major rights contributor is the Ella Baker Center for Human Rights. On the professional association side, major contributoins opposing Prop 6 come from the California State Council of Service Employees, the California Federation of Teachers, and the California Teachers Association.
You can view the full information on funding in support of Proposition 6 by clicking here and here.
You can view the full information on donations in opposition to Proposition 6 by clicking here and here.
You can read the full text of the proposition here.
You can read my reviews and recommendations for the other propositions by clicking here.
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