Proposition 9: Criminal Justice System. Victims' Rights. Parole. Initiative Constitutional Amendment and Statute. - recommend No
Proposition 9 is a small package of modifications to the current legal system surrounding victims' rights, restitution, and parole, all oriented toward tilting things more in favor of crime victims and making parole somewhat harder to achieve and maintain. These changes would affect the way the law works during a case, during parole hearings, and for people currently on parole.
In addition to a number of basically unenforceable assertions about victims' rights, Prop 9 would make a few concrete changes. First, it would prevent disclosure of confidential information or records from a crime victim to a defendant in the case. Second, it would let a crime victim refuse an interview, deposition, or discovery request from a defendant or their lawyer.
On the post-conviction side, Prop 9 would require restitution in all cases. Currently, restitution is required unless a judge decides for some reason not to require it -- in most cases, they require it. Prop 9 would remove this role for the judge's discretion. In addition, any restitution payment would have to go to the victim first, effectively prioritizing it over other places that collect portions of restitution money.
Prop 9 would block any potential early release of prisoners as a response to overcrowding. The legislative analyst notes that this hasn't actually happened yet in the state, but Prop 9 would make it unlawful to do so.
Prop 9 would also enact a number of changes in how parole hearings are handled. It would allow unlimited testimony by victims and their families, as well as allowing any number of family members to speak during the hearing (currently, there's a limit of two additional people). It would give affected people who might want to speak at a hearing 90 days notice rather than 30 days notice prior to a hearing. Finally, in the specific case of parole hearings for people with life sentences, it would alter the timeline for the next parole hearing following a rejection of parole, from the current 1-5 years later to 3-15 years later (although the prisoner has the ability to file for an earlier hearing).
Under Prop 9, law enforcement agencies would be required to give crime victims a victim's rights reminder card and a survival and resource guide.
Finally, this proposition would remove legal counsel for people charged with parole violations except in cases where a judge deems the charges to be complex or the person involved to be incompetent to represent themself.
For me, the two big red flags in this proposition are the ability to refuse a deposition and the removal of legal counself for parole violation hearings. As we consider potential legal changes like that, it's important to remember that criminal cases are not always a matter of a violent criminal who is clearly in the wrong, and the victims who are being harassed by the defense counsel. As we know -- especially in this era of DNA testing overturning incorrect convictions -- defendants may be incorrectly identified by eyewitnesses, or otherwise implicated in crimes they didn't commit. Although it's well meaning to try and prevent the defense "putting the victim on trial" via harassing requests for depositions and interviews, it is problematic to deny an innocent accused the ability to check on a crime victim's story to see if there's some undiscovered truth in there that will set justice on the right track. Similarly, it is important that people have legal representation when they are charged with parole violations so that they can understand what exactly is going on.
Or, to put it more briefly, most of us aren't hardened criminals, but some of us may still end up in these situations. Would you feel it was just to have things tilted against you?
By far the largest amount of funding for this proposition comes from Henry Nicolaus, who is also the major funder of the effort supporting Prop 6. Whereas he put about a million into Prop 6, Dr. Nicolaus has donaed nearly five million dollars in support of Prop 9.
Mirroring that, the opponents to Prop 9 are largely the same as the opponents to Prop 6. Major money in opposition to this proposition come from a number of California employee agencies, including multiple teachers associations, as well as the Ella Baker Center for Human Rights.
You can see who's giving money in support of Prop 9 by clicking here and here.
You can see who's opposing Prop 9 by clicking here.
You can read the full text of this proposition here.
You can read my reviews and recommendations for the other propositions here.