California Proposition Watcher: Corrections

Statute

Requires State to expand and increase funding and oversight for individualized treatment and rehabilitation programs for nonviolent drug offenders and parolees.
Reduces criminal consequences of nonviolent drug offenses by mandating three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation.
Limits court’s authority to incarcerate offenders who violate probation or parole.
Shortens parole for most drug offenses, including sales, and for nonviolent property crimes.
Creates numerous divisions, boards, commissions, and reporting requirements regarding drug treatment and rehabilitation.
Changes certain marijuana misdemeanors to infractions.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

Increased state costs that could exceed $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community.
Savings to the state that could exceed $1 billion annually due primarily to reduced prison and parole operating costs.
Net savings on a one-time basis on capital outlay costs for prison facilities that could exceed $2.5 billion. Unknown net fiscal effect on expenditures for county operations and capital outlay.

Statute

Requires new state spending on various programs to combat crime and gangs, and to operate prison and parole systems.
Increases penalties for several crimes, including violating gang injunctions, using or possessing to sell methamphetamine, or carrying loaded or concealed firearms by certain felons.
Eliminates bail for illegal immigrants charged with violent or gang-related felonies, establishes crime for removing or disabling a monitoring device affixed as part of a criminal sentence, and changes evidence rules to allow use of certain hearsay statements as evidence when witnesses are unavailable.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

Net state costs likely to exceed a half billion dollars annually primarily for increased funding of criminal justice programs, as well as for increased costs for prison and parole operations.
Unknown one-time state capital outlay costs potentially exceeding a half billion dollars for prison facilities.
Unknown net fiscal impact for state trial courts, county jails, and other local criminal justice agencies.

Constitutional Amendment and Statute.

Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole.
Establishes victim safety as consideration in determining bail or release on parole. Increases the number of people permitted to attend and testify on behalf of victims at parole hearings.
Reduces the number of parole hearings to which prisoners are entitled.
Requires that victims receive written notification of their constitutional rights.
Establishes timelines and procedures concerning parole revocation hearings.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

Unknown potential increases in state prison and county jail operating costs due to provisions restricting early release of inmates.
To the extent that any such costs were incurred, they could collectively amount to hundreds of millions of dollars annually.
A potential net savings in the low tens of millions of dollars for the administration of parole reviews and revocations if the changes related to parole revocation procedures were not overturned by potential legal challenges.

California Proposition Watcher