SACRAMENTO, CA (AP) — This fall, California voters will have multiple opportunities to decide whether the state has gone too far in reining in law enforcement and reducing criminal penalties. A statewide initiative likely to qualify for the ballot aims to unwind parts of Proposition 47, a collection of sentencing reductions passed by voters years before the George Floyd killing sparked a national movement to rethink criminal justice policy. Additionally, two of the country’s most prominent district attorneys committed to police accountability and lighter sentences are fighting to keep their jobs.
A Statewide Initiative and High-Stakes Elections
The alignment of these issues on the November ballot will force activists, funders, and politicians who led the historic shift away from aggressive policing and incarceration to decide which parts of that legacy to prioritize defending. For Governor Gavin Newsom and other politicians, this means considering whether to crack down on property crime to forestall an anti-Prop 47 initiative already dividing Democratic officials and candidates. For donors, it involves determining if they are prepared to spend as robustly to protect Prop 47 and progressive district attorneys in Los Angeles and Oakland as they did to put them in place.
Prop 47: A Decade of Reform and Current Challenges
Proposition 47, passed in 2014, reduced drug and property crime penalties, a shift that came after the U.S. Supreme Court ordered California to address unconstitutional overcrowding in its prisons. Subsequent reforms included loosening parole rules with Proposition 57 in 2016 and rejecting an effort to overturn both measures with Proposition 20 in 2020. These changes were championed by Democratic governors and legislators who enacted laws scaling back punishment. Progressive prosecutors like Alameda County’s Pamela Price and Los Angeles’s George Gascón advocated for these reforms, moving away from sentence-lengthening tools like extra time for gang membership or adult trials for juveniles.
However, some types of violent crime are again on the rise. Car break-ins and shoplifting have increased in large cities, leading to a political backlash. Price faces a recall election in November, reminiscent of Chesa Boudin’s abrupt removal from the San Francisco District Attorney’s office in 2022. Gascón barely mustered a quarter of the vote in his March primary, facing numerous challengers and conservative media criticism.
Political Shifts and Legislative Responses
Democratic politicians, sensing the changing winds, are pushing bills to bolster property crime prosecutions. Governor Newsom and Attorney General Rob Bonta have dispatched law enforcement assistance to Oakland, and big-box retailers like Walmart and Target have funded a prosecutor-backed ballot initiative to unravel Prop 47. This initiative would allow repeat drug and theft offenders to be charged with felonies and make it easier to charge fentanyl dealers with homicide. Last month, proponents submitted enough petition signatures to qualify for the November ballot.
Divided Democratic Response
The shifting landscape has put reformers on the defensive. Many Democrats, wary of returning to the discredited policies that produced California’s prison overcrowding crisis, are resisting a rush back to the ballot. Newsom, whose chief of staff ran the 2020 campaign that defeated a previous toughen-up initiative, has been steadfast in resisting wholesale changes to Prop 47. Some Democrats, concerned about the impact on other races and the potential for Republican gains, are negotiating a bill package to crack down on repeat property crime offenders and resellers of stolen goods.
Funding Challenges and Partisan Battles
Reformers face funding challenges. The committee to fight the Prop 47 rollback has raised just $70,000, with minimal contributions from major criminal justice reform donors. Defenders of Prop 47 are hoping to rally California’s overwhelmingly Democratic electorate by framing the issue in partisan terms. They are highlighting support for the rollback from “extremist Republican politicians” and emphasizing the need to stand together as progressives.
Los Angeles DA George Gascón, facing a tough reelection battle, has emphasized that his opponent’s campaign is heavily funded by GOP donors. Gascón’s campaign manager noted that the constant recall threats have forced them into a permanent campaign mode, emphasizing solidarity among progressives and Democrats.
Conclusion
The upcoming elections in California will be a critical test for criminal justice reformers. With rising crime rates and increasing public anxiety, the November ballot will force voters to make significant decisions about the future of criminal justice policies in the state. Reformers will need to mobilize support and resources to defend the progress made over the past decade while navigating the shifting political landscape.
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