Prop 20 has a lot of provisions that make changes to state criminal law, generally making it tougher on individuals who have committed crimes or are on parole.
Prop 20 has a lot of details, but generally a Yes vote would increase criminal punishment and make it harder for convicted felons to be considered for parole. A No vote will keep things as is.
Advocates of Prop 20, which include prison guards, police unionsSourceSF ChronicleEditorial: Don’t buy ‘tough on crime’ scare tactics, vote no on Prop. 20“It’s instructive that one of the big early funders of Proposition 20 was the prison guards, with boosts from other law enforcement unions.”Read more, and grocery store chainsSourceLA TimesGrocery stores are pushing California to be tougher on crime. Here’s why“Albertsons and Kroger — the grocers with the biggest financial contributions to Proposition 20 — and the California Grocers Assn. said in statements that they supported the measure because shoplifting and organized retail crime have been on the rise, amounting to significant losses and threatening the safety of employees and customers. They say that previous reforms went too far in removing teeth from laws meant to address this type of crime.”Read more, make the argument that Prop 57 (2016) was flawed, most notably for not classifying many crimes – such as rape of an unconscious person, domestic abuse, and drive-by shootings – as "violent" offenses.SourceThe San Diego Union-TribuneEndorsement: Yes on Prop. 20: California’s crime reforms need reform“Proposition 57 applied an existing list of violent crimes that didn’t include crimes that were obviously not just violent but heinous — including rape of an unconscious person, abuse of a spouse, child or parent, taking a hostage, drive-by shootings and more.”Read more Because Prop 57 failed to define what a "nonviolent" crime is, it defaults to a crime that's not technically a violent crime according to the penal code.SourceCalifornia District Attorneys AssociationViolent and serious acts eligible for early release under Prop 57“The term “non-violent felony offense” is not defined in the initiative, or elsewhere in California law. However, Penal Code section 667.5(c) defines a limited number of felonies as “violent.” The following crimes are not technically considered “violent,” so therefore, appear to qualify as “non-violent offense” eligible for early release in the Governor’s initiative. Crimes with an asterisk (*) appear more than once in the categories below.”Read more Prop 20 would double the list of crimes that automatically disqualify someone from consideration for release.SourceCAL MATTERSProp 20: Crackdown on crime“Specifically, Prop. 20 would ... Double the number of felonies that disqualify prison inmates from being able to apply for early parole consideration.”Read more (See the full list in the legal text, page 18). The Yes side also point out that those released from prison sometimes reoffend, sometimes with serious crimes.SourceLA TimesProp. 20 sparks debate over effects of criminal justice reform in California“Proponents of Proposition 20 say that others released early have re-offended, with some committing nonviolent or misdemeanor crimes and others being sent back to prison for serious, violent offenses.”Read more
Opponents argue that Prop 20 is a step backwards.
The overall goal in prison reform has been to ease harsh sentences for low-level crimes, reduce the state's overcrowded prison population, and create more opportunities for parole and rehabilitation.SourceSF ChronicleCA Prop. 20 would boost punishments for a variety of crimes, restrict parole“In the past decade, with prodding from courts in lawsuits over prison health care, the voters have changed course. Proposition 36 in 2012 modified the 1994 three strikes law by barring prosecutors from seeking life sentences for defendants for a third felony conviction that was neither serious nor violent. Prop. 47 in 2014 reduced drug possession and low-level theft crimes from felonies to misdemeanors. Prop. 57 in 2016 allowed inmates convicted of a crime that the law classifies as nonviolent to apply for parole after completing their sentence for that crime, without serving additional years or decades for prior convictions or gang membership.”Read more Thanks to Prop 47 and 57 , we have reduced our prison population.SourceBallotpediaProposition 20“Prior to the enactment of AB 109's Postrelease Community Supervision Act (PCSA) on July 1, 2011, the state's imprisonment rate was 431 inmates per 100,000 residents. The next year the imprisonment rate was 356 inmates per 100,000 residents. In 2019, the rate fell to 317 inmates.”Read more Prop 20 would go against that trend and increase incarcerationSourceSF ChronicleEditorial: Don’t buy ‘tough on crime’ scare tactics, vote no on Prop. 20““Let’s be clear: Prop. 20 will increase incarceration,” said Lenore Anderson, founder and president of the Alliance for Safety and Justice.”Read more, particularly for Black, Latino, and low-income people for low-level crimes. A larger prison population reduces the budget for other programsSourceLA TimesProp. 20 sparks debate over effects of criminal justice reform in California“Rosen said Proposition 20 will require more money to keep people in jail or prison, taking funds away from programs that assist crime victims to recover from trauma and get jobs.”Read more, they say, and making early release more difficult would reduce the incentive for inmates to demonstrate good behavior.SourceLA TimesProp. 20 sparks debate over effects of criminal justice reform in California“Brown, who led past reform efforts, called the initiative “very inhuman.” He said it takes away hope and incentives for prison inmates to pursue educational opportunities and demonstrate good behavior to improve their chances of getting out early.”Read more
Two studies compared California to comparable states to see how Prop 47 (2014), which reclassified low-level drug and theft crimes as misdemeanors, affected crime and arrests. Hilariously, bothSourceThe San Diego Union-TribuneEndorsement: Yes on Prop. 20: California’s crime reforms need reform“But Proposition 47 eliminated serious consequences for stealing property valued at less than $950, to the detriment of small businesses. >> Public Policy Institute of California researcher Magnus Lofstrom noted a troubling increase in property crime in California’s largest cities in the first half-year after Proposition 47 took effect...”Read more sidesSourceSF ChronicleEditorial: Don’t buy ‘tough on crime’ scare tactics, vote no on Prop. 20“Various studies have shown these dramatic drops in incarceration have not contributed to a significant increase in crime, which continues to stabilize at 1960s levels.”Read more point to the same studies.
Supporters of Prop 20 point to the evidence that theft (larceny and vehicle theft) has increased moderately after Prop 47,SourcePublic Policy Institute of CaliforniaThe Impact of Proposition 47 on Crime and Recidivism“We find some evidence that Proposition 47 affected property crime. Statewide, property crime increased after 2014. While the reform had no apparent impact on burglaries or auto thefts, it may have contributed to a rise in larceny thefts, which increased by roughly 9 percent (about 135 more thefts per 100,000 residents) compared to other states. Crime data show that thefts from motor vehicles account for about three-quarters of this increase.”Read more although it's not clear how much of that effect was caused by Prop 47.SourceCharis Kubrin and Bradley Bartos (2018)The Myth That Crime Rises as Prisons Shrink“Larceny and motor-vehicle thefts did seem to have increased moderately after Prop 47 went into effect, but these results were both sensitive to small changes in our modeling and small enough that we cannot rule out spuriousness.”Read more
Opponents of Prop 20 point to the conclusions that Prop 47 reduced violent crimeSourceCharis Kubrin and Bradley Bartos (2018)The Myth That Crime Rises as Prisons Shrink“But the science doesn't support the assertion that Prop 47 is to blame. We recently published a study that was the first effort to systematically evaluate Prop 47's impact on crime in California. Our research found that the proposition had no appreciable impact on crime in the year following its enactment. Specifically, it had no effect on rates of homicide, rape, aggravated assault, robbery or burglary.”Read more, prison populationsSourcePublic Policy Institute of CaliforniaThe Impact of Proposition 47 on Crime and Recidivism“Though other population-reduction measures also played a role, Prop 47 further reduced California’s reliance on incarceration. By December 2016, the state’s prison and jail populations had dropped by more than 15,000 inmates. The state’s incarceration rate is now at levels not seen since the early 1990s”Read more, and recidivism (re-arrest and re-conviction).SourcePublic Policy Institute of CaliforniaThe Impact of Proposition 47 on Crime and Recidivism“But the science doesn't support the assertion that Prop 47 is to blame. We recently published a study that was the first effort to systematically evaluate Prop 47's impact on crime in California. Our research found that the proposition had no appreciable impact on crime in the year following its enactment. Specifically, it had no effect on rates of homicide, rape, aggravated assault, robbery or burglary.”Read more