California Online Voter Guide

November 2008 General Election
17th edition

Proposition 9 - Criminal Justice System. Victims’ Rights. Parole. Passed

Initiative Constitutional Amendment and Statute

Summary

• 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.

• Potential loss of future state savings on prison operations and potential increased county jail operating costs that could collectively amount to hundreds of millions of dollars annually, due to restricting the early release of inmates to reduce facility overcrowding.

• Net savings in the low tens of millions of dollars annually for the administration of parole hearings and revocations, unless the changes in parole revocation procedures were found to conflict with federal legal requirements.

What a Yes or No Vote Means

YES: A “YES” vote on this measure means: Crime victims would have additional constitutionally guaranteed rights, such as the right to participate in any public criminal proceedings. Payments of restitution to crime victims would be required without exception, and any funds collected from offenders ordered to pay restitution would go to pay that obligation before any other. Inmates with life sentences who were denied parole would generally have to wait longer before being considered again for release. Some parolees facing revocation and return to prison may no longer be represented by legal counsel. Early release of inmates to reduce prison or jail overcrowding would be restricted in certain circumstances.

NO: A “NO” vote on this measure means: Victims will continue to have the statutory right to be notified of certain criminal justice proceedings, such as sentencing and parole proceedings. Whether victim restitution would be ordered would remain subject to a judge’s discretion, and the manner in which money collected from defendants is distributed would remain unchanged. Current waiting periods for parole revocation hearings and parole consideration would remain unchanged. All parolees would continue to be entitled to receive legal representation at parole hearings. State and local governments could take steps to release inmates early to reduce jail and prison overcrowding.

Full Text of Proposition 9 - (PDF)

Official Campaign Web Sites and Contact Information

• Yes on Proposition 9

  Yes on 9
  Randall Communications
  925 L Street, Suite 1275
  Sacramento, CA 95814
  Phone: (916) 448-5802
  Email: Yesonprop9@gmail.com
  Web site: www.marsyslaw.org

• No on Proposition 9

  No on 9
  1510 J Street, Suite 210
  Sacramento, CA 95814
  Phone: (916) 443-7817
  Email: josh@votenoprop9.com
  Web site: www.votenoprop9.com

Who Signed the Ballot Arguments

• Yes on Proposition 9

  Marcella M. Leach, Co-Founder, Justice for Homicide Victims
  LaWanda Hawkins, Founder, Justice for Murdered Children
  Dan Levey, National President, The National Organization of Parents of Murdered Children
  

• No on Proposition 9

  Sheila A. Bedi, Executive Director, Justice Policy Institute
  Allan Breed, Former Director, California Department of Corrections

News Articles

CVF's News Stories section provides California voters with convenient access to a sampling of news articles that give an overview of the potential impact of the propositions on the ballot.

Follow the Money

Proposition 9 Campaign Finances through October 18, 2008
Position	Support			Oppose
Total Raised	$4,953,809			$1,845,192
Top Donors	Name	Amount		Name	Amount
	Henry T. Nicholas, Businessman, NS Holdings, LLC [Aliso Viejo, CA]	$4,846,079		California Teachers Association Issues PAC [Burlingame, CA]	$674,804
	Crime Victims United of California [Sacramento, CA]	$100,000		California State Council of Service Employees Issues PAC [Sacramento, CA]	$497,805
	Peace Officers Research Association of California Political Issues PAC [Sacramento, CA]	$3,000		Democratic State Central Committee of California [Sacramento, CA]	$364,238
	Thomas Dale and Associates [El Segundo, CA]	$1,500		California Federation of Teachers COPE/Prop Ballot Committee [Burbank, CA]	$100,000
	Helinet Aviation Services, LLC [Van Nuys, CA], VIP Limousines & Coaches, Inc. [Santa Ana, CA] (tied)	$1,000		Ella Baker Center for Human Rights [Oakland, CA],	$64,466

 Note: The committee opposing Prop. 6 is also opposing prop. 9

Detailed information about all contributors for and against Proposition 9 is available from campaign finance reports at Cal-Access, the Secretary of State's campaign disclosure web site. To view the most recent contributions, select a committee and click "Late and $5000+ Contributions Received".

 

 

 

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This page was first published on September 27, 2008 | Last updated on April 28, 2009
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