With only three weeks left until Election Day, let's breakdown California's Prop 20 and Prop 25.
Prop 20: Official Title - Restricts Parole For Certain Offenses Currently Considered To Be Non-Violent. Authorizes Felony Sentences For Certain Offenses Currently Treated Only As Misdemeanors. In simpler terms, Prop 20 refers to theft & fraud, such as stealing a bike or car, which could be charged as a serious felony.
This initiative would allow the courts to change theft & fraud crimes from misdemeanors (non-serious crime) to misdemeanors and felonies. This increases the probability of defendants being locked up for a longer period of time for low-level/nonviolent crimes, especially defendants who identify as BIPOC. Prop 20 would avoid criminal justice reforms and spend millions of taxpayer dollars on longer prison sentences. This could cause cuts to services that prevent crime, such as rehabilitation programs in prisons for people getting out, mental health programs proven to reduce repeat crime, homelessness resources, housing, schools, healthcare, fire protection, public safety, and support for victims.
Californians who support Prop 20 argue law enforcement will no longer apprehend criminals who have committed theft & fraud. Supporters feel individuals who have committed crimes are being coddled by California politicians believe politicians have taken away the tools to enforce law & order keeping neighborhoods safe. Furthermore, supporters of Prop 20 This includes restricting early parole, changing certain types of theft or fraud crimes to misdemeanors and felonies. However, Supporting Prop 20 contributes to a system of overspending on prisons and incarcerating BIPOC communities (especially the Black community). Please visit our Prison Sentencing posts on more background info on incarceration within BIPOC communities.
Now for Prop 25: Official Title - Referendum On Law That Replaced Money Bail With System Based On Public Safety And Fight Risk. Essentially, Prop 25 replaces money bail with a computer-based risk assessment, which means pretrial release would be determined by public safety, rather than ability to pay. Furthermore, folks who are arrested would be released until their trial if low risk, while those at high risk remain in jail.
Californians who oppose Prop 25 argue it is unfair, unsafe, and costly. The ACLU said the use of computer-based algorithms to determine who does or doesn’t get released before trial can lead to more biased outcomes against BIPOC than our current bail system. Prop 25 places the burden on law enforcement, who would be responsible for ensuring defendants appear in court in addition to monitoring the public while defendants are in the community. Lastly, Tens of millions of tax dollars will impact the current state budget and worsen the budget crises due to COVID-19.
Californians who support Prop 25 argue it is fair, safe, and uncostly. Bail reform creates a system that does not base freedom on the ability to pay, but on the public safety risk of the defendant. Safety would be the deciding factor as to who will remain in jail before they go to trial. Finally, there are roughly 46,000 people awaiting trial in local jails, which cost the state of CA $5 Million a day. Research shows Blacks & Latinx folks are less likely to raise bail funds compared to whites. In addition, the pretrial population is disproportionately Black & Latinx and has doubled over the past 15 years. Supporting Prop 25 prevents defendants who have financial resources from making bail and giving those who can’t a fair chance to be assessed if their freedom truly places public safety at risk.
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