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parole.","imgSizes":{"thumbnail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-160x108.jpg","width":160,"height":108,"mimeType":"image/jpeg"},"medium":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-800x540.jpg","width":800,"height":540,"mimeType":"image/jpeg"},"large":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-1020x689.jpg","width":1020,"height":689,"mimeType":"image/jpeg"},"fd-lrg":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-1920x1297.jpg","width":1920,"height":1297,"mimeType":"image/jpeg"},"fd-med":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-1180x797.jpg","width":1180,"height":797,"mimeType":"image/jpeg"},"fd-sm":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-960x649.jpg","width":960,"height":649,"mimeType":"image/jpeg"},"post-thumbnail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-672x372.jpg","width":672,"height":372,"mimeType":"image/jpeg"},"twentyfourteen-full-width":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-1038x576.jpg","width":1038,"height":576,"mimeType":"image/jpeg"},"xxsmall":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-240x162.jpg","width":240,"height":162,"mimeType":"image/jpeg"},"xsmall":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-375x253.jpg","width":375,"height":253,"mimeType":"image/jpeg"},"small":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-520x351.jpg","width":520,"height":351,"mimeType":"image/jpeg"},"xlarge":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-1180x797.jpg","width":1180,"height":797,"mimeType":"image/jpeg"},"full-width":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-1920x1297.jpg","width":1920,"height":1297,"mimeType":"image/jpeg"},"guest-author-32":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-32x32.jpg","width":32,"height":32,"mimeType":"image/jpeg"},"guest-author-50":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-50x50.jpg","width":50,"height":50,"mimeType":"image/jpeg"},"guest-author-64":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-64x64.jpg","width":64,"height":64,"mimeType":"image/jpeg"},"guest-author-96":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-96x96.jpg","width":96,"height":96,"mimeType":"image/jpeg"},"guest-author-128":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-128x128.jpg","width":128,"height":128,"mimeType":"image/jpeg"},"detail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut-150x150.jpg","width":150,"height":150,"mimeType":"image/jpeg"},"kqedFullSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29347_GettyImages-589931214-qut.jpg","width":1920,"height":1297}},"fetchFailed":false,"isLoading":false}},"audioPlayerReducer":{"postId":"stream_live"},"authorsReducer":{"byline_news_11649307":{"type":"authors","id":"byline_news_11649307","meta":{"override":true},"slug":"byline_news_11649307","name":"\u003cstrong>Don 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Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"},"katewolffe":{"type":"authors","id":"11523","meta":{"index":"authors_1591205172","id":"11523","found":true},"name":"Kate Wolffe","firstName":"Kate","lastName":"Wolffe","slug":"katewolffe","email":"kwolffe@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Reporter + Weekend Host","bio":"Kate Wolffe reports on local Bay Area happenings for KQED, and hosts the news on weekend afternoons. She joined KQED in 2018 as an intern on the Forum team, before moving to cover topics ranging from politics to criminal justice to homelessness. A Bay Area native and UC Berkeley graduate, Kate loves to discover new corners of the region.","avatar":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g","twitter":"katewolffe","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["author","edit_others_posts"]},{"site":"forum","roles":["editor"]}],"headData":{"title":"Kate Wolffe | KQED","description":"KQED Reporter + Weekend Host","ogImgSrc":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/katewolffe"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11914988":{"type":"posts","id":"news_11914988","meta":{"index":"posts_1591205157","site":"news","id":"11914988","score":null,"sort":[1654088408000]},"guestAuthors":[],"slug":"meet-the-right-leaning-candidates-vying-to-replace-rob-bonta-as-california-attorney-general","title":"Meet the Right-Leaning Candidates Vying to Replace Rob Bonta as California Attorney General","publishDate":1654088408,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The race for attorney general in California has in some ways become a referendum on the broader tussle over whether criminal justice reform has gone too far in the state — and what the best course is to ensure public safety.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"criminal-justice-reform\"]The incumbent, Democratic Attorney General Rob Bonta, was \u003ca href=\"https://www.kqed.org/news/11865953/newsom-names-east-bay-assemblyman-rob-bonta-as-californias-new-attorney-general\">appointed to the role last year by Gov. Gavin Newsom \u003c/a>after Xavier Becerra vacated the post to become secretary of health and human services in the Biden administration.\u003c/p>\n\u003cp>Bonta, who did not respond to repeated requests to talk to KQED for this story, is facing three challengers from the right: Sacramento District Attorney Anne Marie Schubert, a former Republican who is now registered as no party preference, as well as Republican lawyers Nathan Hochman and Eric Early. The four appear together in the June primary, and the top two vote-getters will face each other in the November general election. (A fifth candidate — Dan Kapelovitz, of the Green party — also is on the primary ballot.)\u003c/p>\n\u003cp>The contest follows \u003ca href=\"https://www.kqed.org/news/11906253/violent-crime-soared-during-the-pandemic-but-does-the-political-debate-reflect-the-data\">several years of increasing crime rates, both in California and across the nation\u003c/a>, a trend that's refocused attention on many of the criminal justice reforms Bonta championed as a lawmaker in the state Assembly, and one that's provided an opening for more conservative law-and-order candidates in this deep-blue state. All three of Bonta's challengers from the right have seized on \u003ca href=\"https://www.kqed.org/news/11374335/lawmakers-aim-to-limit-cash-bail-say-it-punishes-poor-for-being-poor\">his support of policies like eliminating cash bail\u003c/a> and softening criminal sentencing laws as proof that he's not the best candidate for this moment.\u003c/p>\n\u003cp>KQED interviewed the three candidates to find out more about why they are running and what their priorities would be as the state's top law enforcement officer.\u003c/p>\n\u003ch2>Eric Early: The pro-Trumper\u003c/h2>\n\u003cfigure id=\"attachment_11915646\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1.jpeg\">\u003cimg class=\"size-full wp-image-11915646\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1.jpeg\" alt=\"A man stands at a podium gesticulating with his hands.\" width=\"1200\" height=\"867\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1.jpeg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1-800x578.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1-1020x737.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1-160x116.jpeg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California attorney general candidate Eric Early campaigns at an event at the Knott's Berry Farm Hotel near Anaheim in March. \u003ccite>(Courtesy of Eric Early campaign)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The most conservative and Trump-like candidate in the race, Early runs a business and entertainment law firm and hosts a Friday night talk radio show on the Los Angeles AM station KABC.\u003c/p>\n\u003cp>He’s an unapologetic supporter of the former president and claims, despite all evidence to the contrary, that the 2020 election was stolen and dismisses well-documented reports of Russian interference in the 2016 presidential race as a conspiracy theory.\u003c/p>\n\u003cp>As some of his top credentials, Early cites his unsuccessful lawsuits \u003ca href=\"https://www.independent.com/2021/12/17/appeal-court-sides-with-just-communities-and-sbusd-on-appeal-of-fair-education-lawsuit/\">against a school over critical race theory\u003c/a> and \u003ca href=\"https://wvmetronews.com/2022/02/03/federal-judge-dismisses-don-blankenships-defamation-claims-against-media-companies/\">against news organizations over their coverage\u003c/a> of a Republican mining magnate and candidate for U.S. Senate. He also ran for Congress in 2020, challenging Trump critic Adam Schiff for the seat representing a large swath of Los Angeles County — and lost by \u003ca href=\"https://www.nytimes.com/interactive/2020/11/03/us/elections/results-california-house-district-28.html\">some 55 points\u003c/a>.\u003c/p>\n\u003cp>Early says he’s running for attorney general on a key bread-and-butter issue: public safety. California is headed in the wrong direction, he argues, and insists he's the one to fix things.\u003c/p>\n\u003cp>“First thing I would do on Day One is I would call a meeting,” Early said. “I would call in all the sheriffs, all the DAs, all the police chiefs, and we would have a roundtable discussion for as long as we needed to, because I want to hear from the experts on what they believe is needed to get to the bottom of what I call the creation of a criminal's paradise here in California.”\u003c/p>\n\u003cp>Early said he would use the bully pulpit to help push changes to laws he sees as problematic, \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)#:~:text=Source-,Overview,a%20felony%20to%20a%20misdemeanor.\">including Proposition 47\u003c/a>, the 2014 ballot measure that lowered most drug possession charges to misdemeanors and raised the legal threshold to prosecute felony shoplifting.\u003c/p>\n\u003cp>As a lawyer, Early says, he has helped scores of people targeted by mortgage fraudsters. He also served as lead attorney in the unsuccessful effort to recall Newsom.\u003c/p>\n\u003cp>And he’s never served in government — something he considers an asset.[pullquote align=\"right\" size=\"medium\" citation=\"Eric Early, candidate for attorney general\"]'I firmly believe government is the reason for our failures. It's time for somebody from out of government with my experience and background to get in and do what I can to help the people.'[/pullquote]“I firmly believe government is the reason for our failures. It's time for somebody from out of government with my experience and background to get in and do what I can to help the people. And you know, I fight for all law-abiding citizens of all races, creeds, colors and sexual orientation,” he said.\u003c/p>\n\u003cp>Although Early is anti-abortion rights, his spokesperson says he will uphold all laws, even those he disagrees with. But Early also told KQED he would use the office to investigate laws he believes could be unconstitutional, specifically noting that former Attorney General Jerry Brown \u003ca href=\"https://www.sfgate.com/politics/article/Brown-first-in-decades-to-go-against-voters-3179147.php\">refused to defend California’s ban on same-sex marriage in 2008\u003c/a>, after voters passed Proposition 8.\u003c/p>\n\u003cp>Early also indicated he might not consider all of California’s gun laws constitutional.\u003c/p>\n\u003cp>“The attorney general can look at whether or not a law should even be enforced if it is unconstitutional. The attorney general absolutely can support our Second Amendment right, which is what I do,” he said, without citing any specific state gun restrictions he was particularly concerned with.\u003c/p>\n\u003cp>In recent years, the attorney general’s office has been \u003ca href=\"https://www.latimes.com/california/story/2021-06-10/california-attorney-general-appeal-supporting-assault-weapon-ban\">in constant litigation\u003c/a> defending the state’s restrictive gun laws.\u003c/p>\n\u003cp>And while Early is encouraging voters to cast their ballots for him in any format allowed — including by mail — he also said he has questions about the integrity of the state’s entire voting system, opposes universal vote-by-mail rules, and questions the security of electronic voting machines.\u003c/p>\n\u003cp>“If I get this job for attorney general, I will investigate our election apparatus,” he said, echoing a pledge made by pro-Trump candidates nationwide.\u003c/p>\n\u003cp>Those ties to Trumpism make Early look like an easy target for Democrats in a state that overwhelmingly elected President Biden — groups backing Bonta have gone so far as to \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Why-backers-of-Democratic-Attorney-General-Rob-17163311.php\">run ads promoting Early\u003c/a> in the hopes that he will be the easiest of the three candidates to beat in November.\u003c/p>\n\u003ch2>Nathan Hochman: 'The hard middle'\u003c/h2>\n\u003cfigure id=\"attachment_11915624\" class=\"wp-caption aligncenter\" style=\"max-width: 1050px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4.jpeg\">\u003cimg class=\"size-full wp-image-11915624\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4.jpeg\" alt=\"A man stands at a podium and speaks into a microphone.\" width=\"1050\" height=\"844\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4.jpeg 1050w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4-800x643.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4-1020x820.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4-160x129.jpeg 160w\" sizes=\"(max-width: 1050px) 100vw, 1050px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California attorney general candidate Nathan Hochman speaks in May to a Republican women's group in Southern California. \u003ccite>(Courtesy of Nathan Hochman campaign)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Nathan Hochman says he may be a Republican and a former federal prosecutor, but hopes voters won’t pigeonhole him.\u003c/p>\n\u003cp>“My message is bipartisan. It's commonsense. It's pragmatic. It's what, if you were sitting around trying to figure out the solutions to these problems, most people would come up with,” he said. “And that's where I want to go. The hard middle.”\u003c/p>\n\u003cp>A native Californian, Hochman says his career as a U.S. attorney and private defense lawyer has spanned the gamut from going after tax cheats, polluters and dirty cops to prosecuting political corruption and defending people accused of white-collar crimes. He notes he’s the only candidate who has been both a prosecutor and a defense attorney; he also served on the Los Angeles Ethics Commission for five years, including as its president for one of them.\u003c/p>\n\u003cp>Hochman, for example, says he doesn’t think everyone needs to be locked up and that California should invest in alternatives to incarceration, including diversion programs, home detention and community service.\u003c/p>\n\u003cp>Like Bonta’s other challengers, Hochman cites public safety as his top issue and is critical of major criminal justice reforms, including Proposition 47. He also says he wants to use existing laws to prosecute fentanyl dealers and crack down on human trafficking.\u003c/p>\n\u003cp>And he says California should invest in both a strong police force and law enforcement alternatives, rather than prioritizing just one.[pullquote align=\"right\" size=\"medium\" citation=\"Nathan Hochman, candidate for attorney general\"]'My message is bipartisan. It's commonsense. It's pragmatic. It's what, if you were sitting around trying to figure out the solutions to these problems, most people would come up with.'[/pullquote]That varied experience, he says, “gives me an ability to calibrate who are the true public safety threats, who need to be imprisoned and taken off our streets, and who can serve their debt to society in some other way.”\u003c/p>\n\u003cp>“People like to complain about the police, but then they want to actually cut their budget and assume they're actually going to get better at their job,” he said, while adding, “I also believe that social service organizations need to be funded.”\u003c/p>\n\u003cp>Hochman's spokesperson did not respond to a question about the candidate's position on abortion. Hochman, though, argues that “the job of the California attorney general is to defend and enforce the laws on the books of California. Full stop. If I wanted to make the laws, I'd run for a different position.”\u003c/p>\n\u003cp>And, Hochman pledges he would use the full power of the attorney general’s 4,500 lawyers to pursue both criminal and civil cases that matter to Californians — including investigating how fraudsters\u003ca href=\"https://www.kqed.org/news/11893715/californias-unemployment-fraud-balloons-to-20-billion\"> bilked an estimated $20 billion in unemployment payments out of the state EDD\u003c/a>, and whether anyone in state government should be held accountable.\u003c/p>\n\u003cp>While there’s already a \u003ca href=\"https://www.sacbee.com/news/california/article256487486.html\">special counsel at the EDD\u003c/a> doing just that, as well as multiple investigations at the state and federal levels, Hochman argues the attorney general should be investigating as well.\u003c/p>\n\u003cp>“I would hold responsible the people who either fraudulently, corruptly or negligently allowed $25 billion [sic] to go out the door in a completely criminal way. You know, it was ripped off. I mean, that's shocking. And then I absolutely go after the people who ripped it off,” he said.\u003c/p>\n\u003ch2>Anne Marie Schubert: The career prosecutor\u003c/h2>\n\u003cfigure id=\"attachment_11915627\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788.jpg\">\u003cimg class=\"wp-image-11915627 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788.jpg\" alt=\"A woman speaks into a gaggle of media outlet microphones. Behind her is a sign that says, 'Sacramento County District Attorney's Office.'\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sacramento District Attorney Anne Marie Schubert — who is now running for state attorney general — announces the arrest of accused rapist and killer Joseph James DeAngelo, known as the 'Golden State Killer,' during a news conference on April 25, 2018, in Sacramento. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sacramento District Attorney \u003ca href=\"https://www.kqed.org/news/11738034/sacramento-district-attorney-anne-marie-schubert-on-the-death-penalty-stephon-clark-and-forensic-dna\">Anne Marie Schubert\u003c/a> is a lifelong prosecutor — the reason, she argues, voters should make her California’s top cop.\u003c/p>\n\u003cp>“Why do I want this job? Because it's all I've ever done,” she said. “And I believe very much in public safety and victims' rights. And I've watched the demise of public safety around California. So I'm going to step into this role to help lead the state back to a balanced public safety system.”\u003c/p>\n\u003cp>Schubert is a former Republican who \u003ca href=\"https://www.sacbee.com/news/local/news-columns-blogs/marcos-breton/article213293889.html\">registered no party preference in 2018\u003c/a>, citing the nonpartisan nature of the DA’s office and the fact that she has a range of liberal and conservative views on varying issues.\u003c/p>\n\u003cp>She worked as a prosecutor in Contra Costa and Solano counties before coming home to the Sacramento DA’s office in 1996. Elected district attorney there in 2014, she made headlines for helping\u003ca href=\"https://www.kqed.org/news/11664637/suspected-golden-state-killer-a-former-police-officer-arrested-in-sacramento\"> crack the decades-old Golden State Killer case\u003c/a> using forensic DNA and genealogy databases; she also got heat in 2019 when she declined to charge two police officers who shot Stephon Clark to death in his grandmother’s backyard.\u003c/p>\n\u003cp>Schubert cites violent crime as a top priority, pledging to advocate in the Legislature for more money for law enforcement and longer criminal sentences.\u003c/p>\n\u003cp>And, she says, as attorney general, she would intervene in counties where she feels district attorneys aren’t being tough enough — by filing charges herself. San Francisco and Los Angeles are among the cities she has singled out, both of which have progressive district attorneys who are facing recalls and whom she has frequently targeted.[pullquote align=\"right\" size=\"medium\" citation=\"Anne Marie Schubert, candidate for attorney general\"]'I believe very much in public safety and victims' rights. And I've watched the demise of public safety around California. So I'm going to step into this role to help lead the state back to a balanced public safety system.'[/pullquote]“Clearly, the issue of violent crime is the most pressing. It's the issue of violent crime and illegal guns. So, you know, Day One or Week One or Month One … [the job] I think is to get control of violent crime. And that means working on your relationships across California with law enforcement, which I have already,” she said.\u003c/p>\n\u003cp>Schubert is an outspoken critic of many of the state’s recent criminal justice reforms — including \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\">Proposition 57\u003c/a>, a 2016 measure that offers shorter sentences to some prisoners who participate in rehabilitation programs. As attorney general, Schubert says she would help lead the push to change those types of laws. In the shorter term, she says, partnering with — and better funding — police agencies is key.\u003c/p>\n\u003cp>Schubert also says the state needs to do a better job making sure programs aimed at helping criminal offenders actually work.\u003c/p>\n\u003cp>“That’s not just rehabilitation within the prison walls, but the reentry plans, the supervision that's necessary,” she said.\u003c/p>\n\u003cp>Schubert says she is pro-abortion rights and will defend the “constitutional right for a woman to have an abortion,” as well as all other state laws.\u003c/p>\n\u003cp>“I am deeply disturbed and, quite frankly, shocked that our [U.S.] Supreme Court would overrule 50 years of legal precedent,” she said in a written statement, in response to the \u003ca href=\"https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473\">recent leak of a draft opinion that would overturn Roe v. Wade\u003c/a>.\u003c/p>\n\u003cp>“Additionally, the concept that some states would criminalize a woman’s decision to seek an abortion is outrageous to me,” she added. “As a career prosecutor, I’ve had cases where women and children were raped and impregnated by their rapist. It’s reprehensible that some states want to ban a woman’s right to choose even under these acts of violence.”\u003c/p>\n\u003cp>But on another hot-button issue — gun control — Schubert says the state needs more enforcement of existing laws, not new limits on guns.\u003c/p>\n\u003cp>“I get that there's people like Rob Bonta that want to pass more gun control, more gun control, more gun control,” she said. “This is a crime-control issue. This is about taking that gun out of the hands of convicted felons and the prohibited person that shouldn't have it.”[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The three right-of-center candidates running to replace California Attorney General Rob Bonta all advocate for tougher public safety measures and have questioned many of the state's recent criminal justice reforms, amid rising crime rates.","status":"publish","parent":0,"modified":1654112435,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2463},"headData":{"title":"Meet the Right-Leaning Candidates Vying to Replace Rob Bonta as California Attorney General | KQED","description":"The three right-of-center candidates running to replace California Attorney General Rob Bonta all advocate for tougher public safety measures and have questioned many of the state's recent criminal justice reforms, amid rising crime rates.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11914988 https://ww2.kqed.org/news/?p=11914988","disqusUrl":"https://ww2.kqed.org/news/2022/06/01/meet-the-right-leaning-candidates-vying-to-replace-rob-bonta-as-california-attorney-general/","disqusTitle":"Meet the Right-Leaning Candidates Vying to Replace Rob Bonta as California Attorney General","excludeFromSiteSearch":"Include","path":"/news/11914988/meet-the-right-leaning-candidates-vying-to-replace-rob-bonta-as-california-attorney-general","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The race for attorney general in California has in some ways become a referendum on the broader tussle over whether criminal justice reform has gone too far in the state — and what the best course is to ensure public safety.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"criminal-justice-reform"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The incumbent, Democratic Attorney General Rob Bonta, was \u003ca href=\"https://www.kqed.org/news/11865953/newsom-names-east-bay-assemblyman-rob-bonta-as-californias-new-attorney-general\">appointed to the role last year by Gov. Gavin Newsom \u003c/a>after Xavier Becerra vacated the post to become secretary of health and human services in the Biden administration.\u003c/p>\n\u003cp>Bonta, who did not respond to repeated requests to talk to KQED for this story, is facing three challengers from the right: Sacramento District Attorney Anne Marie Schubert, a former Republican who is now registered as no party preference, as well as Republican lawyers Nathan Hochman and Eric Early. The four appear together in the June primary, and the top two vote-getters will face each other in the November general election. (A fifth candidate — Dan Kapelovitz, of the Green party — also is on the primary ballot.)\u003c/p>\n\u003cp>The contest follows \u003ca href=\"https://www.kqed.org/news/11906253/violent-crime-soared-during-the-pandemic-but-does-the-political-debate-reflect-the-data\">several years of increasing crime rates, both in California and across the nation\u003c/a>, a trend that's refocused attention on many of the criminal justice reforms Bonta championed as a lawmaker in the state Assembly, and one that's provided an opening for more conservative law-and-order candidates in this deep-blue state. All three of Bonta's challengers from the right have seized on \u003ca href=\"https://www.kqed.org/news/11374335/lawmakers-aim-to-limit-cash-bail-say-it-punishes-poor-for-being-poor\">his support of policies like eliminating cash bail\u003c/a> and softening criminal sentencing laws as proof that he's not the best candidate for this moment.\u003c/p>\n\u003cp>KQED interviewed the three candidates to find out more about why they are running and what their priorities would be as the state's top law enforcement officer.\u003c/p>\n\u003ch2>Eric Early: The pro-Trumper\u003c/h2>\n\u003cfigure id=\"attachment_11915646\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1.jpeg\">\u003cimg class=\"size-full wp-image-11915646\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1.jpeg\" alt=\"A man stands at a podium gesticulating with his hands.\" width=\"1200\" height=\"867\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1.jpeg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1-800x578.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1-1020x737.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/early-1-160x116.jpeg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California attorney general candidate Eric Early campaigns at an event at the Knott's Berry Farm Hotel near Anaheim in March. \u003ccite>(Courtesy of Eric Early campaign)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The most conservative and Trump-like candidate in the race, Early runs a business and entertainment law firm and hosts a Friday night talk radio show on the Los Angeles AM station KABC.\u003c/p>\n\u003cp>He’s an unapologetic supporter of the former president and claims, despite all evidence to the contrary, that the 2020 election was stolen and dismisses well-documented reports of Russian interference in the 2016 presidential race as a conspiracy theory.\u003c/p>\n\u003cp>As some of his top credentials, Early cites his unsuccessful lawsuits \u003ca href=\"https://www.independent.com/2021/12/17/appeal-court-sides-with-just-communities-and-sbusd-on-appeal-of-fair-education-lawsuit/\">against a school over critical race theory\u003c/a> and \u003ca href=\"https://wvmetronews.com/2022/02/03/federal-judge-dismisses-don-blankenships-defamation-claims-against-media-companies/\">against news organizations over their coverage\u003c/a> of a Republican mining magnate and candidate for U.S. Senate. He also ran for Congress in 2020, challenging Trump critic Adam Schiff for the seat representing a large swath of Los Angeles County — and lost by \u003ca href=\"https://www.nytimes.com/interactive/2020/11/03/us/elections/results-california-house-district-28.html\">some 55 points\u003c/a>.\u003c/p>\n\u003cp>Early says he’s running for attorney general on a key bread-and-butter issue: public safety. California is headed in the wrong direction, he argues, and insists he's the one to fix things.\u003c/p>\n\u003cp>“First thing I would do on Day One is I would call a meeting,” Early said. “I would call in all the sheriffs, all the DAs, all the police chiefs, and we would have a roundtable discussion for as long as we needed to, because I want to hear from the experts on what they believe is needed to get to the bottom of what I call the creation of a criminal's paradise here in California.”\u003c/p>\n\u003cp>Early said he would use the bully pulpit to help push changes to laws he sees as problematic, \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)#:~:text=Source-,Overview,a%20felony%20to%20a%20misdemeanor.\">including Proposition 47\u003c/a>, the 2014 ballot measure that lowered most drug possession charges to misdemeanors and raised the legal threshold to prosecute felony shoplifting.\u003c/p>\n\u003cp>As a lawyer, Early says, he has helped scores of people targeted by mortgage fraudsters. He also served as lead attorney in the unsuccessful effort to recall Newsom.\u003c/p>\n\u003cp>And he’s never served in government — something he considers an asset.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I firmly believe government is the reason for our failures. It's time for somebody from out of government with my experience and background to get in and do what I can to help the people.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Eric Early, candidate for attorney general","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I firmly believe government is the reason for our failures. It's time for somebody from out of government with my experience and background to get in and do what I can to help the people. And you know, I fight for all law-abiding citizens of all races, creeds, colors and sexual orientation,” he said.\u003c/p>\n\u003cp>Although Early is anti-abortion rights, his spokesperson says he will uphold all laws, even those he disagrees with. But Early also told KQED he would use the office to investigate laws he believes could be unconstitutional, specifically noting that former Attorney General Jerry Brown \u003ca href=\"https://www.sfgate.com/politics/article/Brown-first-in-decades-to-go-against-voters-3179147.php\">refused to defend California’s ban on same-sex marriage in 2008\u003c/a>, after voters passed Proposition 8.\u003c/p>\n\u003cp>Early also indicated he might not consider all of California’s gun laws constitutional.\u003c/p>\n\u003cp>“The attorney general can look at whether or not a law should even be enforced if it is unconstitutional. The attorney general absolutely can support our Second Amendment right, which is what I do,” he said, without citing any specific state gun restrictions he was particularly concerned with.\u003c/p>\n\u003cp>In recent years, the attorney general’s office has been \u003ca href=\"https://www.latimes.com/california/story/2021-06-10/california-attorney-general-appeal-supporting-assault-weapon-ban\">in constant litigation\u003c/a> defending the state’s restrictive gun laws.\u003c/p>\n\u003cp>And while Early is encouraging voters to cast their ballots for him in any format allowed — including by mail — he also said he has questions about the integrity of the state’s entire voting system, opposes universal vote-by-mail rules, and questions the security of electronic voting machines.\u003c/p>\n\u003cp>“If I get this job for attorney general, I will investigate our election apparatus,” he said, echoing a pledge made by pro-Trump candidates nationwide.\u003c/p>\n\u003cp>Those ties to Trumpism make Early look like an easy target for Democrats in a state that overwhelmingly elected President Biden — groups backing Bonta have gone so far as to \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Why-backers-of-Democratic-Attorney-General-Rob-17163311.php\">run ads promoting Early\u003c/a> in the hopes that he will be the easiest of the three candidates to beat in November.\u003c/p>\n\u003ch2>Nathan Hochman: 'The hard middle'\u003c/h2>\n\u003cfigure id=\"attachment_11915624\" class=\"wp-caption aligncenter\" style=\"max-width: 1050px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4.jpeg\">\u003cimg class=\"size-full wp-image-11915624\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4.jpeg\" alt=\"A man stands at a podium and speaks into a microphone.\" width=\"1050\" height=\"844\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4.jpeg 1050w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4-800x643.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4-1020x820.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/hochman4-160x129.jpeg 160w\" sizes=\"(max-width: 1050px) 100vw, 1050px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California attorney general candidate Nathan Hochman speaks in May to a Republican women's group in Southern California. \u003ccite>(Courtesy of Nathan Hochman campaign)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Nathan Hochman says he may be a Republican and a former federal prosecutor, but hopes voters won’t pigeonhole him.\u003c/p>\n\u003cp>“My message is bipartisan. It's commonsense. It's pragmatic. It's what, if you were sitting around trying to figure out the solutions to these problems, most people would come up with,” he said. “And that's where I want to go. The hard middle.”\u003c/p>\n\u003cp>A native Californian, Hochman says his career as a U.S. attorney and private defense lawyer has spanned the gamut from going after tax cheats, polluters and dirty cops to prosecuting political corruption and defending people accused of white-collar crimes. He notes he’s the only candidate who has been both a prosecutor and a defense attorney; he also served on the Los Angeles Ethics Commission for five years, including as its president for one of them.\u003c/p>\n\u003cp>Hochman, for example, says he doesn’t think everyone needs to be locked up and that California should invest in alternatives to incarceration, including diversion programs, home detention and community service.\u003c/p>\n\u003cp>Like Bonta’s other challengers, Hochman cites public safety as his top issue and is critical of major criminal justice reforms, including Proposition 47. He also says he wants to use existing laws to prosecute fentanyl dealers and crack down on human trafficking.\u003c/p>\n\u003cp>And he says California should invest in both a strong police force and law enforcement alternatives, rather than prioritizing just one.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'My message is bipartisan. It's commonsense. It's pragmatic. It's what, if you were sitting around trying to figure out the solutions to these problems, most people would come up with.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Nathan Hochman, candidate for attorney general","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>That varied experience, he says, “gives me an ability to calibrate who are the true public safety threats, who need to be imprisoned and taken off our streets, and who can serve their debt to society in some other way.”\u003c/p>\n\u003cp>“People like to complain about the police, but then they want to actually cut their budget and assume they're actually going to get better at their job,” he said, while adding, “I also believe that social service organizations need to be funded.”\u003c/p>\n\u003cp>Hochman's spokesperson did not respond to a question about the candidate's position on abortion. Hochman, though, argues that “the job of the California attorney general is to defend and enforce the laws on the books of California. Full stop. If I wanted to make the laws, I'd run for a different position.”\u003c/p>\n\u003cp>And, Hochman pledges he would use the full power of the attorney general’s 4,500 lawyers to pursue both criminal and civil cases that matter to Californians — including investigating how fraudsters\u003ca href=\"https://www.kqed.org/news/11893715/californias-unemployment-fraud-balloons-to-20-billion\"> bilked an estimated $20 billion in unemployment payments out of the state EDD\u003c/a>, and whether anyone in state government should be held accountable.\u003c/p>\n\u003cp>While there’s already a \u003ca href=\"https://www.sacbee.com/news/california/article256487486.html\">special counsel at the EDD\u003c/a> doing just that, as well as multiple investigations at the state and federal levels, Hochman argues the attorney general should be investigating as well.\u003c/p>\n\u003cp>“I would hold responsible the people who either fraudulently, corruptly or negligently allowed $25 billion [sic] to go out the door in a completely criminal way. You know, it was ripped off. I mean, that's shocking. And then I absolutely go after the people who ripped it off,” he said.\u003c/p>\n\u003ch2>Anne Marie Schubert: The career prosecutor\u003c/h2>\n\u003cfigure id=\"attachment_11915627\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788.jpg\">\u003cimg class=\"wp-image-11915627 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788.jpg\" alt=\"A woman speaks into a gaggle of media outlet microphones. Behind her is a sign that says, 'Sacramento County District Attorney's Office.'\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-951226788-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sacramento District Attorney Anne Marie Schubert — who is now running for state attorney general — announces the arrest of accused rapist and killer Joseph James DeAngelo, known as the 'Golden State Killer,' during a news conference on April 25, 2018, in Sacramento. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sacramento District Attorney \u003ca href=\"https://www.kqed.org/news/11738034/sacramento-district-attorney-anne-marie-schubert-on-the-death-penalty-stephon-clark-and-forensic-dna\">Anne Marie Schubert\u003c/a> is a lifelong prosecutor — the reason, she argues, voters should make her California’s top cop.\u003c/p>\n\u003cp>“Why do I want this job? Because it's all I've ever done,” she said. “And I believe very much in public safety and victims' rights. And I've watched the demise of public safety around California. So I'm going to step into this role to help lead the state back to a balanced public safety system.”\u003c/p>\n\u003cp>Schubert is a former Republican who \u003ca href=\"https://www.sacbee.com/news/local/news-columns-blogs/marcos-breton/article213293889.html\">registered no party preference in 2018\u003c/a>, citing the nonpartisan nature of the DA’s office and the fact that she has a range of liberal and conservative views on varying issues.\u003c/p>\n\u003cp>She worked as a prosecutor in Contra Costa and Solano counties before coming home to the Sacramento DA’s office in 1996. Elected district attorney there in 2014, she made headlines for helping\u003ca href=\"https://www.kqed.org/news/11664637/suspected-golden-state-killer-a-former-police-officer-arrested-in-sacramento\"> crack the decades-old Golden State Killer case\u003c/a> using forensic DNA and genealogy databases; she also got heat in 2019 when she declined to charge two police officers who shot Stephon Clark to death in his grandmother’s backyard.\u003c/p>\n\u003cp>Schubert cites violent crime as a top priority, pledging to advocate in the Legislature for more money for law enforcement and longer criminal sentences.\u003c/p>\n\u003cp>And, she says, as attorney general, she would intervene in counties where she feels district attorneys aren’t being tough enough — by filing charges herself. San Francisco and Los Angeles are among the cities she has singled out, both of which have progressive district attorneys who are facing recalls and whom she has frequently targeted.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I believe very much in public safety and victims' rights. And I've watched the demise of public safety around California. So I'm going to step into this role to help lead the state back to a balanced public safety system.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anne Marie Schubert, candidate for attorney general","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Clearly, the issue of violent crime is the most pressing. It's the issue of violent crime and illegal guns. So, you know, Day One or Week One or Month One … [the job] I think is to get control of violent crime. And that means working on your relationships across California with law enforcement, which I have already,” she said.\u003c/p>\n\u003cp>Schubert is an outspoken critic of many of the state’s recent criminal justice reforms — including \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\">Proposition 57\u003c/a>, a 2016 measure that offers shorter sentences to some prisoners who participate in rehabilitation programs. As attorney general, Schubert says she would help lead the push to change those types of laws. In the shorter term, she says, partnering with — and better funding — police agencies is key.\u003c/p>\n\u003cp>Schubert also says the state needs to do a better job making sure programs aimed at helping criminal offenders actually work.\u003c/p>\n\u003cp>“That’s not just rehabilitation within the prison walls, but the reentry plans, the supervision that's necessary,” she said.\u003c/p>\n\u003cp>Schubert says she is pro-abortion rights and will defend the “constitutional right for a woman to have an abortion,” as well as all other state laws.\u003c/p>\n\u003cp>“I am deeply disturbed and, quite frankly, shocked that our [U.S.] Supreme Court would overrule 50 years of legal precedent,” she said in a written statement, in response to the \u003ca href=\"https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473\">recent leak of a draft opinion that would overturn Roe v. Wade\u003c/a>.\u003c/p>\n\u003cp>“Additionally, the concept that some states would criminalize a woman’s decision to seek an abortion is outrageous to me,” she added. “As a career prosecutor, I’ve had cases where women and children were raped and impregnated by their rapist. It’s reprehensible that some states want to ban a woman’s right to choose even under these acts of violence.”\u003c/p>\n\u003cp>But on another hot-button issue — gun control — Schubert says the state needs more enforcement of existing laws, not new limits on guns.\u003c/p>\n\u003cp>“I get that there's people like Rob Bonta that want to pass more gun control, more gun control, more gun control,” she said. “This is a crime-control issue. This is about taking that gun out of the hands of convicted felons and the prohibited person that shouldn't have it.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11914988/meet-the-right-leaning-candidates-vying-to-replace-rob-bonta-as-california-attorney-general","authors":["3239"],"categories":["news_8","news_13"],"tags":["news_24179","news_17699","news_6317","news_22276","news_30879","news_31072","news_27626","news_26816","news_24474","news_31134","news_18502","news_18418","news_3674"],"featImg":"news_11915618","label":"news"},"news_11844914":{"type":"posts","id":"news_11844914","meta":{"index":"posts_1591205157","site":"news","id":"11844914","score":null,"sort":[1604350773000]},"guestAuthors":[],"slug":"prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes","title":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes","publishDate":1604350773,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Among the dozen ballot measures facing California voters this year is \u003ca href=\"https://www.kqed.org/voterguide/proposition-20-crime-prosecutors-law-enforcement\">Proposition 20\u003c/a>, which seeks to roll back a series of criminal justice reforms passed over the last decade.\u003c/p>\n\u003cp>Proposition 20 would increase penalties on some theft and fraud crimes and require people convicted of some misdemeanors to submit their DNA to a state database. It would also add more than a dozen new crimes to the list of what’s considered “violent” in California.\u003c/p>\n\u003cp>You could call it a “tough-on-crime” measure, but proponents of it are avoiding that rhetoric.\u003c/p>\n\u003cp>\"This initiative does not increase the prison population,\" said Richard Temple, a political consultant for Proposition 20.\u003c/p>\n\u003cp>That’s because the way Californians talk — and think — about criminal justice has shifted dramatically in the past few decades.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Fernando Guerra, Loyola Marymount University political science professor\"]'It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat.'[/pullquote]\u003c/p>\n\u003cp>In the 1990s, California led the nation in passing a spate of strict sentencing laws.\u003c/p>\n\u003cp>One of the harshest and most recognizable laws of that era was the 1994 three strikes law. The law put people in state prisons for decades after committing a third offense, even if it was a nonviolent crime. It passed with bipartisan support.\u003c/p>\n\u003cp>“It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat,” said Fernando Guerra, a political science professor at Loyola Marymount University.\u003c/p>\n\u003cp>As the state packed its prisons and spending ballooned, however, public sentiment slowly began to change.\u003c/p>\n\u003cp>In 2011, when the U.S. Supreme Court ruled that prisons were so overcrowded that conditions inside were unconstitutional, the state finally acted.\u003c/p>\n\u003cp>First, lawmakers passed a bill mandating jail, instead of prison time, for most nonviolent crimes. Then in 2014, voters passed Proposition 47, decreasing penalties for drug use and petty theft.\u003c/p>\n\u003cp>Two years later, voters passed Proposition 57, letting thousands of prisoners qualify for early parole.\u003c/p>\n\u003cp>All of the changes were approved over the objections of law enforcement, who warned they’d lead to spikes in crime. Supporters of those measures say that never happened.\u003c/p>\n\u003cp>“You're in the midst right now of monumental decline in crime here in California,” said Maureen Washburn, a policy analyst at the Center on Juvenile and Criminal Justice, which advocates for less incarceration.\u003c/p>\n\u003cp>“In 2019, we actually reached the lowest level of crime in California in 50 years,” she added.\u003c/p>\n\u003cp>However, those pushing a rollback of the reforms say there’s at least one area where crime has continued to climb: theft.\u003c/p>\n\u003cp>Proposition 20 consultant Temple said theft has increased by 30% since Proposition 47 passed.\u003c/p>\n\u003cp>Proposition 20 would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation. And adding crimes such as domestic violence and rape of an unconscious person to the list of violent crimes would prevent thousands of prisoners from being considered for early parole.\u003c/p>\n\u003cp>Temple said it’s a simple concept: People who have committed violent crimes shouldn’t be eligible for early release.\u003c/p>\n\u003cp>However, in this moment of racial reckoning and amid calls for more oversight of police and prisons, Temple and other Proposition 20 proponents are quick to contend that the measure won’t send any new people to prison.\u003c/p>\n\u003cp>“It's written there that no matter what your theft, nobody goes to prison for stealing in a store, for shoplifting,” he said. “They won't go to prison. That's in the initiative. It cannot happen, and it won’t.”\u003c/p>\n\u003cp>Technically, he’s right: Proposition 20 would likely send more people to county jails, not state prisons, while keeping some people in prison longer. However, for a ballot measure backed by prosecutors and police, the emphasis on keeping people out of prison is a noticeable shift away from “lock them up and throw away the key.\"\u003c/p>\n\u003cp>Temple also says Proposition 20 would help people with drug and mental health problems that are falling through the cracks. Many critics of Proposition 47 have complained for years that after the measure passed, prosecutors and courts lost leverage to push people into treatment. That's because without the threat of jail time, some offenders would just take a misdemeanor conviction instead of agreeing to participate in rehabilitation programs to avoid jail.\u003c/p>\n\u003cp>“How is this taking care of them — by letting them over and over steal and not get treatment?” Temple said.\u003c/p>\n\u003cp>[aside tag=\"election-2020\" label=\"election 2020 coverage\"]\u003c/p>\n\u003cp>Guerra said this shift in language reflects the evolution that the state has gone through — voters aren't willing to simply take law enforcement's word for it that harsher laws are necessary.\u003c/p>\n\u003cp>“You say ‘law and order’ now, people ask, ‘OK, what does that mean?’ ” Guerra said. “In California and many progressive states, we're not going to accept the slogan ‘law and order’ without some meat on it.”\u003c/p>\n\u003cp>Opponents of Proposition 20 argue that despite the softer rhetoric from the other side, this is just the same playbook with a different script. They contend that the measure would likely undercut rehabilitation by redirecting money from community-based programs back to locking people up.\u003c/p>\n\u003cp>“Now is the time to go further with reform. But what Prop. 20 does is seek to send us back,” said Lenore Anderson, who helped to write some of the reforms that Proposition 20 is seeking to roll back. “Prop. 20 is an effort to return California to its tough-on-crime, mass incarceration past.”\u003c/p>\n\u003cp>Ultimately, it’ll be up to the voters to decide whether California has become too lenient, but Guerra said that if Proposition 20 passes, it will send an important message.\u003c/p>\n\u003cp>“Clearly, there's been tremendous momentum from the criminal justice proponents,\" he said. But if Proposition 20 passes, Guerra said, it would indicate that voters think the reforms have gone too far.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>If Proposition 20 fails, it could be that the criminal justice reforms are here to stay.\u003c/p>\n\n","blocks":[],"excerpt":"Supporters of stricter sentencing laws aren't using the \"tough-on-crime\" playbook this election, but are talking about the need for rehabilitation and keeping people out of prison.","status":"publish","parent":0,"modified":1604363126,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1100},"headData":{"title":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes | KQED","description":"Supporters of stricter sentencing laws aren't using the "tough-on-crime" playbook this election, but are talking about the need for rehabilitation and keeping people out of prison.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11844914 https://ww2.kqed.org/news/?p=11844914","disqusUrl":"https://ww2.kqed.org/news/2020/11/02/prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes/","disqusTitle":"Proposition 20: Law and Order Proponents Soften Rhetoric to Pick Up Votes","path":"/news/11844914/prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Among the dozen ballot measures facing California voters this year is \u003ca href=\"https://www.kqed.org/voterguide/proposition-20-crime-prosecutors-law-enforcement\">Proposition 20\u003c/a>, which seeks to roll back a series of criminal justice reforms passed over the last decade.\u003c/p>\n\u003cp>Proposition 20 would increase penalties on some theft and fraud crimes and require people convicted of some misdemeanors to submit their DNA to a state database. It would also add more than a dozen new crimes to the list of what’s considered “violent” in California.\u003c/p>\n\u003cp>You could call it a “tough-on-crime” measure, but proponents of it are avoiding that rhetoric.\u003c/p>\n\u003cp>\"This initiative does not increase the prison population,\" said Richard Temple, a political consultant for Proposition 20.\u003c/p>\n\u003cp>That’s because the way Californians talk — and think — about criminal justice has shifted dramatically in the past few decades.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Fernando Guerra, Loyola Marymount University political science professor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the 1990s, California led the nation in passing a spate of strict sentencing laws.\u003c/p>\n\u003cp>One of the harshest and most recognizable laws of that era was the 1994 three strikes law. The law put people in state prisons for decades after committing a third offense, even if it was a nonviolent crime. It passed with bipartisan support.\u003c/p>\n\u003cp>“It used to be, even in California, that an effective campaign was to talk about law and order — that you were really, really for it as a Republican or that you weren't against it as a Democrat,” said Fernando Guerra, a political science professor at Loyola Marymount University.\u003c/p>\n\u003cp>As the state packed its prisons and spending ballooned, however, public sentiment slowly began to change.\u003c/p>\n\u003cp>In 2011, when the U.S. Supreme Court ruled that prisons were so overcrowded that conditions inside were unconstitutional, the state finally acted.\u003c/p>\n\u003cp>First, lawmakers passed a bill mandating jail, instead of prison time, for most nonviolent crimes. Then in 2014, voters passed Proposition 47, decreasing penalties for drug use and petty theft.\u003c/p>\n\u003cp>Two years later, voters passed Proposition 57, letting thousands of prisoners qualify for early parole.\u003c/p>\n\u003cp>All of the changes were approved over the objections of law enforcement, who warned they’d lead to spikes in crime. Supporters of those measures say that never happened.\u003c/p>\n\u003cp>“You're in the midst right now of monumental decline in crime here in California,” said Maureen Washburn, a policy analyst at the Center on Juvenile and Criminal Justice, which advocates for less incarceration.\u003c/p>\n\u003cp>“In 2019, we actually reached the lowest level of crime in California in 50 years,” she added.\u003c/p>\n\u003cp>However, those pushing a rollback of the reforms say there’s at least one area where crime has continued to climb: theft.\u003c/p>\n\u003cp>Proposition 20 consultant Temple said theft has increased by 30% since Proposition 47 passed.\u003c/p>\n\u003cp>Proposition 20 would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation. And adding crimes such as domestic violence and rape of an unconscious person to the list of violent crimes would prevent thousands of prisoners from being considered for early parole.\u003c/p>\n\u003cp>Temple said it’s a simple concept: People who have committed violent crimes shouldn’t be eligible for early release.\u003c/p>\n\u003cp>However, in this moment of racial reckoning and amid calls for more oversight of police and prisons, Temple and other Proposition 20 proponents are quick to contend that the measure won’t send any new people to prison.\u003c/p>\n\u003cp>“It's written there that no matter what your theft, nobody goes to prison for stealing in a store, for shoplifting,” he said. “They won't go to prison. That's in the initiative. It cannot happen, and it won’t.”\u003c/p>\n\u003cp>Technically, he’s right: Proposition 20 would likely send more people to county jails, not state prisons, while keeping some people in prison longer. However, for a ballot measure backed by prosecutors and police, the emphasis on keeping people out of prison is a noticeable shift away from “lock them up and throw away the key.\"\u003c/p>\n\u003cp>Temple also says Proposition 20 would help people with drug and mental health problems that are falling through the cracks. Many critics of Proposition 47 have complained for years that after the measure passed, prosecutors and courts lost leverage to push people into treatment. That's because without the threat of jail time, some offenders would just take a misdemeanor conviction instead of agreeing to participate in rehabilitation programs to avoid jail.\u003c/p>\n\u003cp>“How is this taking care of them — by letting them over and over steal and not get treatment?” Temple said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"election-2020","label":"election 2020 coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Guerra said this shift in language reflects the evolution that the state has gone through — voters aren't willing to simply take law enforcement's word for it that harsher laws are necessary.\u003c/p>\n\u003cp>“You say ‘law and order’ now, people ask, ‘OK, what does that mean?’ ” Guerra said. “In California and many progressive states, we're not going to accept the slogan ‘law and order’ without some meat on it.”\u003c/p>\n\u003cp>Opponents of Proposition 20 argue that despite the softer rhetoric from the other side, this is just the same playbook with a different script. They contend that the measure would likely undercut rehabilitation by redirecting money from community-based programs back to locking people up.\u003c/p>\n\u003cp>“Now is the time to go further with reform. But what Prop. 20 does is seek to send us back,” said Lenore Anderson, who helped to write some of the reforms that Proposition 20 is seeking to roll back. “Prop. 20 is an effort to return California to its tough-on-crime, mass incarceration past.”\u003c/p>\n\u003cp>Ultimately, it’ll be up to the voters to decide whether California has become too lenient, but Guerra said that if Proposition 20 passes, it will send an important message.\u003c/p>\n\u003cp>“Clearly, there's been tremendous momentum from the criminal justice proponents,\" he said. But if Proposition 20 passes, Guerra said, it would indicate that voters think the reforms have gone too far.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If Proposition 20 fails, it could be that the criminal justice reforms are here to stay.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11844914/prop-20-law-and-order-proponents-soften-rhetoric-to-pick-up-votes","authors":["11523"],"categories":["news_6188","news_8","news_13"],"tags":["news_27540","news_27508","news_18538","news_22276","news_27370","news_17968","news_283","news_18502","news_18418","news_1331"],"featImg":"news_11844944","label":"news"},"news_11826314":{"type":"posts","id":"news_11826314","meta":{"index":"posts_1591205157","site":"news","id":"11826314","score":null,"sort":[1593732251000]},"guestAuthors":[],"slug":"california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms","title":"California Voters Asked to Weigh Ballot Measures That Could Reverse Hard-Won Justice Reforms","publishDate":1593732251,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>As the United States grapples with a national reckoning over race, policing and criminal justice, California voters will be asked this fall to roll back a handful of criminal justice reforms enacted over the past decade.\u003c/p>\n\u003cp>Those reforms — some approved by lawmakers, others by voters — have helped\u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\"> keep thousands of people out of jails and prisons\u003c/a> and allowed the state to redirect millions of dollars into \u003ca href=\"https://www.kqed.org/news/11500306/103-million-in-prison-savings-awarded-to-23-california-cities-counties\">victims services and rehabilitation programs\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\">One of the ballot measures\u003c/a> slated for November, Proposition 20, would \u003ca href=\"https://keepcalsafe.org/\">reverse aspects of those reforms\u003c/a> by making it harder for some people to parole from state prison, and easier for others to be sent to prison or jail.\u003c/p>\n\u003cp>The \u003ca href=\"https://oag.ca.gov/system/files/initiatives/pdfs/18-0009%20%28Referendum%20of%20SB%2010%29.pdf\">other initiative\u003c/a>, Proposition 25, takes aim at a \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\">2018 law to eliminate cash bail\u003c/a> in California. That law, passed by the Legislature, never took effect after the bail industry \u003ca href=\"https://www.kqed.org/news/11707702/referendum-to-block-bail-law-appears-headed-for-ballot\">gathered enough signatures to put the question before voters\u003c/a>. They are hoping the electorate overturns the law and keeps cash bail intact.\u003c/p>\n\u003cp>But supporters of reform — who oppose both ballot measures — believe that in this moment, when conversations about race and policing and systemic racism have gripped the nation, public sentiment is on their side. \u003cspan style=\"font-weight: 400\">[aside tag=\"criminal-justice\" label=\"more related coverage\"]\u003c/span>\u003c/p>\n\u003cp>\"This feels like a real moment with staying power. ... the breadth and the depth of the outrage and the determination feels like it has enough momentum and staying power that it's unlikely to dissipate by November,\" said political consultant Dan Newman, who helped push many of the earlier reforms and is fighting against one of the ballot measures to overturn them.\u003c/p>\n\u003cp>\"I think people are looking for ways to channel what they know and believe into real action and real reform and make a difference,\" he added. \"So it's just sort of a matter of ensuring that they know: If you care about mass incarceration, if you care about racial injustice, here are some ways that you can really weigh in with power and make a difference.\"\u003c/p>\n\u003cp>Not surprisingly, political consultants on the other side of the debate disagree. Richard Temple is running the campaign that would keep more people in prison by including crimes like rape of an unconscious person or domestic violence on the state list of violent offenses.\u003c/p>\n\u003cp>\"These things are violent, and the public knows that. And we as a campaign plan to stay focused on that,\" he said.\u003c/p>\n\u003cp>Temple insisted that the ballot measure \"doesn't have anything to do with the other issues out there being debated,\" such as police brutality or racial inequality.\u003c/p>\n\u003cp>\"That's got to be dealt with by elected officials and the nation as a whole,\" Temple said.\u003c/p>\n\u003cp>But both sides will have the challenge of explaining complicated issues to voters.\u003c/p>\n\u003ch3>\u003cstrong>Bail Reform\u003c/strong>\u003c/h3>\n\u003cp>Critics of bail have long said the system discriminates against people who can’t afford to put up the cash to get out jail. But when Oakland Assemblyman Rob Bonta first introduced a bill at the end of 2016 aimed at simply limiting the use of cash bail, there was pushback — even in California’s Democrat-dominated Capitol.\u003c/p>\n\u003cp>\"There was a phrase that was going around called 'Bonta’s bill is a hug a thug.' Not a lot of nuance there,\" he said. \"[And] a lot of racism.\"\u003c/p>\n\u003cp>Still, Bonta and another Democrat, state Sen. Bob Hertzberg of Van Nuys, joined forces — and nearly two years later, succeeded in convincing California lawmakers and the governor, then Jerry Brown, to end cash bail in the state.\u003c/p>\n\u003cp>Now, in 2020, as voters are asked by the bail industry to overturn that law, bail has become a key focal point in conversations about inequality within America’s criminal justice system.\u003c/p>\n\u003cp>Since protests sparked by George Floyd’s killing in Minneapolis began in late May, an estimated 4 million people have poured more than $75 million into community bail funds. Those organizations offer an alternative to massive loans from bail bonds companies.\u003c/p>\n\u003cp>Pilar Weiss, director of the Community Justice Exchange, a group that helps support that network of community bail funds, said the bail fund donations are proving to be an entry point for people to get more educated about mass incarceration.\u003c/p>\n\u003cp>\"It's a first step that somebody donated to a community bail fund. That was the first time they realized that people in their community were still, often, held in a cage for an indefinite amount of time because of money,\" Weiss said. \"That connects also to the conversation about how our resources are being spent in their community, on police rather than on libraries, schools and safety centers. I think there's a lot of potential there.\"\u003c/p>\n\u003cp>But she and other progressive groups aren't actually that supportive of the details of Bonta's bail measure, saying it could result in more people being kept in jail before their trial, because it leaves a lot of discretion up to judges.\u003c/p>\n\u003cp>That's a message that the bail industry and other supporters of retaining bail plan to focus on, said Mike Gatto, a former state Assemblyman who is consulting for the campaign to overturn bail reform.\u003c/p>\n\u003cp>\"I think a lot of people participating in recent bail drives [know that] if you, or a loved one, or someone you care about is in jail and they've been arrested, bail is an option for that person to get out,\" he said.\u003c/p>\n\u003cp>\"The question that we have to talk about as a society is whether removing that option for families and for people who are behind bars is the right one?\" Gatto said. [ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Reversing Reforms\u003c/strong>\u003c/h3>\n\u003cp>Bail isn't the only criminal justice question before voters this November. Some police groups, district attorneys and victims groups are pushing the other initiative, which would reverse aspects of three laws — two enacted by voters — aimed at both reducing the number of people in crowded prisons and jails, and the amount of money the state spends locking people up.\u003c/p>\n\u003cp>The ballot measure would make it easier to charge someone with felony theft, and easier to send someone back to jail for violating their probation. It would also make it harder for many inmates to earn parole from state prison by expanding the list of crimes considered violent under state law.\u003c/p>\n\u003cp>Temple, the campaign consultant working to pass that measure, said he believes voters will agree that some people should stay locked up.\u003c/p>\n\u003cp>\"Our polling shows that our message is stronger than the opponent's argument against us, because what we're trying to do, it is not complicated. It's simple,\" he said. \"These laws are not classified as violent. And we're going to continue to press on that.\"\u003c/p>\n\u003cp>But opponents of the measure said they will seize on the national conversation about racial injustice to highlight the vast racial disparities in California's criminal justice system. [pullquote size='medium' align='right' citation='Dan Newman, political consultant']'We know empirically that the approach that they are backing is not how you keep communities safe. You don't warehouse huge numbers of people, disproportionately Black and Brown people, behind bars. It's a failed approach and has proven to be wasteful, ineffective, unjust and racist.'[/pullquote]\u003c/p>\n\u003cp>For example: A \u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\">recent report\u003c/a> by a group that advocates for less incarceration found if voters pass the ballot measure, it would disproportionately harm communities of color, drive up prison and jail populations and increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year.\u003c/p>\n\u003cp>Newman, the consultant opposing the measure, said he believes the calculation for voters has changed. Five years ago, he said, his side would have focused solely on public safety when making the case for reforms. Now, he says, it will also be a campaign about racial justice.\u003c/p>\n\u003cp>\"We know empirically that the approach that they are backing is not how you keep communities safe. You don't warehouse huge numbers of people, disproportionately Black and Brown people, behind bars. It's a failed approach and has proven to be wasteful, ineffective, unjust and racist,\" he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"How will the current political climate affect these 'tough on crime' ballot measures?","status":"publish","parent":0,"modified":1594935302,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1362},"headData":{"title":"California Voters Asked to Weigh Ballot Measures That Could Reverse Hard-Won Justice Reforms | KQED","description":"How will the current political climate affect these 'tough on crime' ballot measures?","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11826314 https://ww2.kqed.org/news/?p=11826314","disqusUrl":"https://ww2.kqed.org/news/2020/07/02/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms/","disqusTitle":"California Voters Asked to Weigh Ballot Measures That Could Reverse Hard-Won Justice Reforms","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/9b6f5b0d-78d8-4f58-9f07-abec01294d1b/audio.mp3","path":"/news/11826314/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As the United States grapples with a national reckoning over race, policing and criminal justice, California voters will be asked this fall to roll back a handful of criminal justice reforms enacted over the past decade.\u003c/p>\n\u003cp>Those reforms — some approved by lawmakers, others by voters — have helped\u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\"> keep thousands of people out of jails and prisons\u003c/a> and allowed the state to redirect millions of dollars into \u003ca href=\"https://www.kqed.org/news/11500306/103-million-in-prison-savings-awarded-to-23-california-cities-counties\">victims services and rehabilitation programs\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\">One of the ballot measures\u003c/a> slated for November, Proposition 20, would \u003ca href=\"https://keepcalsafe.org/\">reverse aspects of those reforms\u003c/a> by making it harder for some people to parole from state prison, and easier for others to be sent to prison or jail.\u003c/p>\n\u003cp>The \u003ca href=\"https://oag.ca.gov/system/files/initiatives/pdfs/18-0009%20%28Referendum%20of%20SB%2010%29.pdf\">other initiative\u003c/a>, Proposition 25, takes aim at a \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\">2018 law to eliminate cash bail\u003c/a> in California. That law, passed by the Legislature, never took effect after the bail industry \u003ca href=\"https://www.kqed.org/news/11707702/referendum-to-block-bail-law-appears-headed-for-ballot\">gathered enough signatures to put the question before voters\u003c/a>. They are hoping the electorate overturns the law and keeps cash bail intact.\u003c/p>\n\u003cp>But supporters of reform — who oppose both ballot measures — believe that in this moment, when conversations about race and policing and systemic racism have gripped the nation, public sentiment is on their side. \u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"criminal-justice","label":"more related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>\"This feels like a real moment with staying power. ... the breadth and the depth of the outrage and the determination feels like it has enough momentum and staying power that it's unlikely to dissipate by November,\" said political consultant Dan Newman, who helped push many of the earlier reforms and is fighting against one of the ballot measures to overturn them.\u003c/p>\n\u003cp>\"I think people are looking for ways to channel what they know and believe into real action and real reform and make a difference,\" he added. \"So it's just sort of a matter of ensuring that they know: If you care about mass incarceration, if you care about racial injustice, here are some ways that you can really weigh in with power and make a difference.\"\u003c/p>\n\u003cp>Not surprisingly, political consultants on the other side of the debate disagree. Richard Temple is running the campaign that would keep more people in prison by including crimes like rape of an unconscious person or domestic violence on the state list of violent offenses.\u003c/p>\n\u003cp>\"These things are violent, and the public knows that. And we as a campaign plan to stay focused on that,\" he said.\u003c/p>\n\u003cp>Temple insisted that the ballot measure \"doesn't have anything to do with the other issues out there being debated,\" such as police brutality or racial inequality.\u003c/p>\n\u003cp>\"That's got to be dealt with by elected officials and the nation as a whole,\" Temple said.\u003c/p>\n\u003cp>But both sides will have the challenge of explaining complicated issues to voters.\u003c/p>\n\u003ch3>\u003cstrong>Bail Reform\u003c/strong>\u003c/h3>\n\u003cp>Critics of bail have long said the system discriminates against people who can’t afford to put up the cash to get out jail. But when Oakland Assemblyman Rob Bonta first introduced a bill at the end of 2016 aimed at simply limiting the use of cash bail, there was pushback — even in California’s Democrat-dominated Capitol.\u003c/p>\n\u003cp>\"There was a phrase that was going around called 'Bonta’s bill is a hug a thug.' Not a lot of nuance there,\" he said. \"[And] a lot of racism.\"\u003c/p>\n\u003cp>Still, Bonta and another Democrat, state Sen. Bob Hertzberg of Van Nuys, joined forces — and nearly two years later, succeeded in convincing California lawmakers and the governor, then Jerry Brown, to end cash bail in the state.\u003c/p>\n\u003cp>Now, in 2020, as voters are asked by the bail industry to overturn that law, bail has become a key focal point in conversations about inequality within America’s criminal justice system.\u003c/p>\n\u003cp>Since protests sparked by George Floyd’s killing in Minneapolis began in late May, an estimated 4 million people have poured more than $75 million into community bail funds. Those organizations offer an alternative to massive loans from bail bonds companies.\u003c/p>\n\u003cp>Pilar Weiss, director of the Community Justice Exchange, a group that helps support that network of community bail funds, said the bail fund donations are proving to be an entry point for people to get more educated about mass incarceration.\u003c/p>\n\u003cp>\"It's a first step that somebody donated to a community bail fund. That was the first time they realized that people in their community were still, often, held in a cage for an indefinite amount of time because of money,\" Weiss said. \"That connects also to the conversation about how our resources are being spent in their community, on police rather than on libraries, schools and safety centers. I think there's a lot of potential there.\"\u003c/p>\n\u003cp>But she and other progressive groups aren't actually that supportive of the details of Bonta's bail measure, saying it could result in more people being kept in jail before their trial, because it leaves a lot of discretion up to judges.\u003c/p>\n\u003cp>That's a message that the bail industry and other supporters of retaining bail plan to focus on, said Mike Gatto, a former state Assemblyman who is consulting for the campaign to overturn bail reform.\u003c/p>\n\u003cp>\"I think a lot of people participating in recent bail drives [know that] if you, or a loved one, or someone you care about is in jail and they've been arrested, bail is an option for that person to get out,\" he said.\u003c/p>\n\u003cp>\"The question that we have to talk about as a society is whether removing that option for families and for people who are behind bars is the right one?\" Gatto said. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Reversing Reforms\u003c/strong>\u003c/h3>\n\u003cp>Bail isn't the only criminal justice question before voters this November. Some police groups, district attorneys and victims groups are pushing the other initiative, which would reverse aspects of three laws — two enacted by voters — aimed at both reducing the number of people in crowded prisons and jails, and the amount of money the state spends locking people up.\u003c/p>\n\u003cp>The ballot measure would make it easier to charge someone with felony theft, and easier to send someone back to jail for violating their probation. It would also make it harder for many inmates to earn parole from state prison by expanding the list of crimes considered violent under state law.\u003c/p>\n\u003cp>Temple, the campaign consultant working to pass that measure, said he believes voters will agree that some people should stay locked up.\u003c/p>\n\u003cp>\"Our polling shows that our message is stronger than the opponent's argument against us, because what we're trying to do, it is not complicated. It's simple,\" he said. \"These laws are not classified as violent. And we're going to continue to press on that.\"\u003c/p>\n\u003cp>But opponents of the measure said they will seize on the national conversation about racial injustice to highlight the vast racial disparities in California's criminal justice system. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We know empirically that the approach that they are backing is not how you keep communities safe. You don't warehouse huge numbers of people, disproportionately Black and Brown people, behind bars. It's a failed approach and has proven to be wasteful, ineffective, unjust and racist.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dan Newman, political consultant","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For example: A \u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\">recent report\u003c/a> by a group that advocates for less incarceration found if voters pass the ballot measure, it would disproportionately harm communities of color, drive up prison and jail populations and increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year.\u003c/p>\n\u003cp>Newman, the consultant opposing the measure, said he believes the calculation for voters has changed. Five years ago, he said, his side would have focused solely on public safety when making the case for reforms. Now, he says, it will also be a campaign about racial justice.\u003c/p>\n\u003cp>\"We know empirically that the approach that they are backing is not how you keep communities safe. You don't warehouse huge numbers of people, disproportionately Black and Brown people, behind bars. It's a failed approach and has proven to be wasteful, ineffective, unjust and racist,\" he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11826314/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms","authors":["3239"],"categories":["news_8"],"tags":["news_18821","news_24889","news_17725","news_18502","news_18418"],"featImg":"news_11827282","label":"news"},"news_11824855":{"type":"posts","id":"news_11824855","meta":{"index":"posts_1591205157","site":"news","id":"11824855","score":null,"sort":[1592463932000]},"guestAuthors":[],"slug":"report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color","title":"Report: Ballot Measure Would Put Thousands Behind Bars, Harm Communities of Color","publishDate":1592463932,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>A November ballot measure that would roll back a number of recent criminal justice reforms would disproportionally harm communities of color, according to \u003ca href=\"http://www.cjcj.org/news/12895\" target=\"_blank\" rel=\"noopener noreferrer\">a report\u003c/a> being released today by a nonprofit advocating for less incarceration.\u003c/p>\n\u003cp>The analysis by the \u003ca href=\"http://www.cjcj.org/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Center on Juvenile and Criminal Justice, or CJCJ, \u003c/a>found that the \u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">proposed initiative\u003c/a> would drive up prison and jail populations, increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year, in addition to diverting resources from programs that rehabilitate former offenders, and generally hurt communities of color.\u003c/p>\n\u003cp>Proponents of the measure rejected those contentions, saying it was narrowly written to only impact a small group of violent offenders.\u003c/p>\n\u003cp>But Maureen Washburn, a policy analyst at CJCJ, noted that crime has continued to fall in California as reforms took place over the past decade — and any reversal of those changes would disproportionately impact communities of color in California, who are incarcerated at higher rates than whites.\u003c/p>\n\u003cp>\"In the moment we're in, I think this initiative is especially dissonant,\" said Washburn, who co-authored the report.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She said that's particularly true at a time of national protests over police brutality and racism — and as the state, cities and counties all face massive budget shortfalls because of the economic harm caused by the pandemic.\u003c/p>\n\u003cp>\"When we're considering ... a proposal that would increase penalties for low-level offenses, in a system that's already profoundly biased against Black, indigenous and Latino Californians, I think it's clear that it would only extend the harm of our criminal justice system,\" Washburn said, trapping \"more and more Californians in that really difficult-to-escape cycle of entering and exiting jails and courts and probation.\"\u003c/p>\n\u003cp>The ballot measure, backed by some law enforcement officials and victims rights groups, aims to pare down some of the sweeping criminal justice reforms enacted in California over the past decade. Broadly, it would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation; and harder for many inmates to earn parole from state prison.\u003c/p>\n\u003cp>It would do so by reversing aspects of three laws — two enacted by voters — aimed at both reducing the number of people in crowded prisons and jails and the amount of money the state spends locking people up.\u003c/p>\n\u003cp>Over the past five years, one of those measures — \u003ca href=\"https://vig.cdn.sos.ca.gov/2014/general/en/pdf/proposition-47-title-summary-analysis.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 47\u003c/a> — has allowed $350 million to be\u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\" target=\"_blank\" rel=\"noopener noreferrer\"> redirected\u003c/a> from prisons to victims services, schools and treatment programs. Prop. 47 reduced many nonviolent and drug-related crimes from felonies to misdemeanors, and allowed people previously convicted of those offenses to petition a court to have them reduced to misdemeanors. It took the savings achieved from lower prison and jail populations and redirected them toward community programs.\u003c/p>\n\u003cp>But the November initiative would reverse portions of Prop. 47, making it easier to charge someone with felony theft. The report estimates that change alone could result in an additional 4,900 to 9,900 felony arrests per year — costing taxpayers an additional $154 million to $457 million a year in court, probation, jail and prison costs.\u003c/p>\n\u003cp>\"So the big takeaway for us on the fiscal side, at least, is that this is going to be hugely expensive,\" Washburn said.\u003c/p>\n\u003cp>But, she added, \"I think that the far greater costs of an initiative like this are going to be borne by communities and families and people that are swept up in a more punitive system.\"\u003c/p>\n\u003cp>The ballot measure also seeks to roll back some aspects of \u003ca href=\"https://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop57\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 57\u003c/a>, a \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\" target=\"_blank\" rel=\"noopener noreferrer\">2016 ballot measure written by former Gov. Jerry Brown\u003c/a>; and Assembly Bill 109, which lawmakers approved in 2011.\u003c/p>\n\u003cp>Prop. 57 gave some state prisoners the opportunity to shorten their sentences by participating in rehabilitation programs. State officials say by next year, it will have resulted in some 8,600 inmates serving shorter prison sentences, and is saving taxpayers hundreds of millions of dollars a year.\u003c/p>\n\u003cp>\u003ca href=\"https://www.courts.ca.gov/partners/documents/chronicle_prison_reform_article_10-2-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">AB 109, also known as realignment\u003c/a>, requires people convicted of nonviolent, nonserious, nonsexual crimes to serve their sentences in local jails instead of state prisons. It\u003ca href=\"https://www.kqed.org/news/11108031/five-years-later-many-see-criminal-justice-realignment-as-success\" target=\"_blank\" rel=\"noopener noreferrer\"> helped reduce the state's prison population by tens of thousands of inmates\u003c/a>, and was intended to address a U.S. Supreme Court order to reduce the population in California's overcrowded prisons. The courts found that the overcrowding was resulting in inadequate medical care and violating inmates' constitutional rights.\u003c/p>\n\u003cp>But the CJCJ report states that many of the gains made by Propositions 47 and 57, and AB 109, would be reversed if the proposed ballot measure is approved by voters. In the first five years, it could drive up state costs by $2.3 billion, money that could otherwise be spent on \"programs that address the root causes of crime,\" the report states.\u003c/p>\n\u003cp>The report also states it would drive up prison and jail populations, potentially putting California in violation of the Supreme Court order, leading to more lawsuits and forcing county sheriffs to release some inmates early.[aside tag=\"politics\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>More generally, the report finds, the initiative would pull more people into the criminal justice system — and by prioritizing punishment over treatment, \"could result in more people trapped in a pattern of low-level crime.\"\u003c/p>\n\u003cp>Democratic Assemblyman Jim Cooper, a former police officer who helped write the measure, said he does not believe it will lead to a drastic increase in jail or prison populations. He said it was carefully crafted to target violent offenders ineligible for earlier reforms.\u003c/p>\n\u003cp>\"While it will increase some costs, the universe is not that big, and it keeps bad people in jail. So if you're pimping a kid or raping a woman, you are a bad person and you should do your time. That’s all I’m saying,\" he said.\u003c/p>\n\u003cp>Cooper said he doesn't believe the reforms have saved as much money — or benefited communities — as much as the other side contends.\u003c/p>\n\u003cp>But Washburn said any reduction in spending on rehabilitation and other programs that help people turn their lives around, could actually make California communities less safe.\u003c/p>\n\u003cp>Crime rates, she notes, have continued to fall over the past decade, as these reforms were implemented.\u003c/p>\n\u003cp>\"I think that there's a real argument to be made that this initiative — in addition to increasing costs in the criminal justice system — would really siphon funds that are necessary for community-based programs, for prevention, for treatment, for the things that keep people out of the system in the first place,\" she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"This initiative, rather than increasing community safety, actually puts communities at risk of potential increases in crime.\"\u003c/p>\n\n","blocks":[],"excerpt":"'This initiative ... actually puts communities at risk of potential increases in crime,' said policy analyst Maureen Washburn on a ballot measure that would disproportionally harm communities of color, according to a new report.","status":"publish","parent":0,"modified":1592516932,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1126},"headData":{"title":"Report: Ballot Measure Would Put Thousands Behind Bars, Harm Communities of Color | KQED","description":"'This initiative ... actually puts communities at risk of potential increases in crime,' said policy analyst Maureen Washburn on a ballot measure that would disproportionally harm communities of color, according to a new report.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11824855 https://ww2.kqed.org/news/?p=11824855","disqusUrl":"https://ww2.kqed.org/news/2020/06/18/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color/","disqusTitle":"Report: Ballot Measure Would Put Thousands Behind Bars, Harm Communities of Color","source":"News","sourceUrl":"https://www.kqed.org/","audioUrl":"https://www.kqed.org/.stream/anon/radio/perspectives/2020/06/LagosCriminalJustice.mp3","path":"/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A November ballot measure that would roll back a number of recent criminal justice reforms would disproportionally harm communities of color, according to \u003ca href=\"http://www.cjcj.org/news/12895\" target=\"_blank\" rel=\"noopener noreferrer\">a report\u003c/a> being released today by a nonprofit advocating for less incarceration.\u003c/p>\n\u003cp>The analysis by the \u003ca href=\"http://www.cjcj.org/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Center on Juvenile and Criminal Justice, or CJCJ, \u003c/a>found that the \u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">proposed initiative\u003c/a> would drive up prison and jail populations, increase public spending on law enforcement and incarceration by hundreds of millions of dollars a year, in addition to diverting resources from programs that rehabilitate former offenders, and generally hurt communities of color.\u003c/p>\n\u003cp>Proponents of the measure rejected those contentions, saying it was narrowly written to only impact a small group of violent offenders.\u003c/p>\n\u003cp>But Maureen Washburn, a policy analyst at CJCJ, noted that crime has continued to fall in California as reforms took place over the past decade — and any reversal of those changes would disproportionately impact communities of color in California, who are incarcerated at higher rates than whites.\u003c/p>\n\u003cp>\"In the moment we're in, I think this initiative is especially dissonant,\" said Washburn, who co-authored the report.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said that's particularly true at a time of national protests over police brutality and racism — and as the state, cities and counties all face massive budget shortfalls because of the economic harm caused by the pandemic.\u003c/p>\n\u003cp>\"When we're considering ... a proposal that would increase penalties for low-level offenses, in a system that's already profoundly biased against Black, indigenous and Latino Californians, I think it's clear that it would only extend the harm of our criminal justice system,\" Washburn said, trapping \"more and more Californians in that really difficult-to-escape cycle of entering and exiting jails and courts and probation.\"\u003c/p>\n\u003cp>The ballot measure, backed by some law enforcement officials and victims rights groups, aims to pare down some of the sweeping criminal justice reforms enacted in California over the past decade. Broadly, it would make it easier to charge someone with felony theft and easier to send someone back to jail for violating their probation; and harder for many inmates to earn parole from state prison.\u003c/p>\n\u003cp>It would do so by reversing aspects of three laws — two enacted by voters — aimed at both reducing the number of people in crowded prisons and jails and the amount of money the state spends locking people up.\u003c/p>\n\u003cp>Over the past five years, one of those measures — \u003ca href=\"https://vig.cdn.sos.ca.gov/2014/general/en/pdf/proposition-47-title-summary-analysis.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 47\u003c/a> — has allowed $350 million to be\u003ca href=\"https://www.kqed.org/news/11796149/voter-approved-criminal-justice-reform-expected-to-save-state-over-122-million\" target=\"_blank\" rel=\"noopener noreferrer\"> redirected\u003c/a> from prisons to victims services, schools and treatment programs. Prop. 47 reduced many nonviolent and drug-related crimes from felonies to misdemeanors, and allowed people previously convicted of those offenses to petition a court to have them reduced to misdemeanors. It took the savings achieved from lower prison and jail populations and redirected them toward community programs.\u003c/p>\n\u003cp>But the November initiative would reverse portions of Prop. 47, making it easier to charge someone with felony theft. The report estimates that change alone could result in an additional 4,900 to 9,900 felony arrests per year — costing taxpayers an additional $154 million to $457 million a year in court, probation, jail and prison costs.\u003c/p>\n\u003cp>\"So the big takeaway for us on the fiscal side, at least, is that this is going to be hugely expensive,\" Washburn said.\u003c/p>\n\u003cp>But, she added, \"I think that the far greater costs of an initiative like this are going to be borne by communities and families and people that are swept up in a more punitive system.\"\u003c/p>\n\u003cp>The ballot measure also seeks to roll back some aspects of \u003ca href=\"https://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop57\" target=\"_blank\" rel=\"noopener noreferrer\">Proposition 57\u003c/a>, a \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\" target=\"_blank\" rel=\"noopener noreferrer\">2016 ballot measure written by former Gov. Jerry Brown\u003c/a>; and Assembly Bill 109, which lawmakers approved in 2011.\u003c/p>\n\u003cp>Prop. 57 gave some state prisoners the opportunity to shorten their sentences by participating in rehabilitation programs. State officials say by next year, it will have resulted in some 8,600 inmates serving shorter prison sentences, and is saving taxpayers hundreds of millions of dollars a year.\u003c/p>\n\u003cp>\u003ca href=\"https://www.courts.ca.gov/partners/documents/chronicle_prison_reform_article_10-2-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">AB 109, also known as realignment\u003c/a>, requires people convicted of nonviolent, nonserious, nonsexual crimes to serve their sentences in local jails instead of state prisons. It\u003ca href=\"https://www.kqed.org/news/11108031/five-years-later-many-see-criminal-justice-realignment-as-success\" target=\"_blank\" rel=\"noopener noreferrer\"> helped reduce the state's prison population by tens of thousands of inmates\u003c/a>, and was intended to address a U.S. Supreme Court order to reduce the population in California's overcrowded prisons. The courts found that the overcrowding was resulting in inadequate medical care and violating inmates' constitutional rights.\u003c/p>\n\u003cp>But the CJCJ report states that many of the gains made by Propositions 47 and 57, and AB 109, would be reversed if the proposed ballot measure is approved by voters. In the first five years, it could drive up state costs by $2.3 billion, money that could otherwise be spent on \"programs that address the root causes of crime,\" the report states.\u003c/p>\n\u003cp>The report also states it would drive up prison and jail populations, potentially putting California in violation of the Supreme Court order, leading to more lawsuits and forcing county sheriffs to release some inmates early.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"politics","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More generally, the report finds, the initiative would pull more people into the criminal justice system — and by prioritizing punishment over treatment, \"could result in more people trapped in a pattern of low-level crime.\"\u003c/p>\n\u003cp>Democratic Assemblyman Jim Cooper, a former police officer who helped write the measure, said he does not believe it will lead to a drastic increase in jail or prison populations. He said it was carefully crafted to target violent offenders ineligible for earlier reforms.\u003c/p>\n\u003cp>\"While it will increase some costs, the universe is not that big, and it keeps bad people in jail. So if you're pimping a kid or raping a woman, you are a bad person and you should do your time. That’s all I’m saying,\" he said.\u003c/p>\n\u003cp>Cooper said he doesn't believe the reforms have saved as much money — or benefited communities — as much as the other side contends.\u003c/p>\n\u003cp>But Washburn said any reduction in spending on rehabilitation and other programs that help people turn their lives around, could actually make California communities less safe.\u003c/p>\n\u003cp>Crime rates, she notes, have continued to fall over the past decade, as these reforms were implemented.\u003c/p>\n\u003cp>\"I think that there's a real argument to be made that this initiative — in addition to increasing costs in the criminal justice system — would really siphon funds that are necessary for community-based programs, for prevention, for treatment, for the things that keep people out of the system in the first place,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This initiative, rather than increasing community safety, actually puts communities at risk of potential increases in crime.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_5294","news_2839","news_22276","news_17968","news_18502","news_18418","news_765"],"featImg":"news_11825065","label":"source_news_11824855"},"news_11714104":{"type":"posts","id":"news_11714104","meta":{"index":"posts_1591205157","site":"news","id":"11714104","score":null,"sort":[1546095635000]},"guestAuthors":[],"slug":"jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california","title":"Jerry Brown Will Leave Lasting Impact on Criminal Justice in California","publishDate":1546095635,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>During his first stint as California governor 40 years ago, Jerry Brown appointed a slew of diverse — sometimes controversial — judges and signed a sentencing law that fundamentally changed how the state approached punishment.\u003c/p>\n\u003cp>In some ways, things weren’t so different during Brown’s second go-around in the governor’s office.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/guvtransition\" target=\"_blank\" rel=\"noopener\">Brown Out, Newsom In\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/guvtransition\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://u.s.kqed.net/2018/12/20/JerryBrownMain.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>As the Jerry Brown era winds down and California prepares for the governorship of Gavin Newsom, KQED is \u003ca href=\"https://www.kqed.org/news/tag/guvtransition\" rel=\"noopener\" target=\"_blank\">looking back\u003c/a> at Gov. Brown’s legacy and ahead to the challenges and opportunities facing Gov.-elect Newsom.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>Over the past eight years, Brown oversaw a dramatic shift in how California approaches criminal justice, including authoring a law that upended how the state treats nonviolent offenders and writing a ballot measure that rolled back the \"lock 'em up\" sentencing philosophy he championed in 1976. \u003c/p>\n\u003cp>This time around, the governor appointed \u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" rel=\"noopener\" target=\"_blank\">more than 600 judges\u003c/a>, including four to the state’s high court who represent not just more women and people of color, but also a much broader set of career experiences and philosophical backgrounds.\u003c/p>\n\u003cp>But he’s gone much further than he did in the 1970s and 1980s: Over his final two terms, Brown issued 1,189 pardons and 152 commutations — dwarfing any of his predecessors and his own previous record, when he issued 404 pardons and just one commutation. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He’s also vetoed dozens of bills that would have created new crimes and signed numerous sentencing reforms that give offenders chances at shorter sentences.\u003c/p>\n\u003cp>\u003cstrong>Brown's Evolution on Criminal Justice\u003c/strong>\u003c/p>\n\u003cp>In some ways, Brown’s evolution tracks with that of California voters, who have embraced even further-reaching criminal justice reforms than the governor initially wanted. Both Brown and the electorate were encouraged down that path by a landmark legal case that resulted in the U.S. Supreme Court ordering the state to \u003ca href=\"https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population\" rel=\"noopener\" target=\"_blank\">reduce its prison population\u003c/a> by tens of thousands of inmates.\u003c/p>\n\u003cp>Today, the state has about 34,000 fewer people in state prisons than it did when Brown was sworn into the governor's office in 2011.\u003c/p>\n\u003cp>“Gov. Brown has presided over a legacy of criminal justice reform that is really unmatched across the country,” said Stanford University’s Michael Romano, who runs the university’s Three Strikes Project and helped write two of the recent criminal justice ballot initiatives that Brown was not involved in.\u003c/p>\n\u003cp>“The whole United States prison population has come down over the past 10 years, and all of that reduction is a result of the reductions that we've seen in California. And at the same time, the crime rates in California from when these reforms started to kick in, in 2011, to today are down,” Romano said. “So we've been able to reduce our prison population, significantly reduce the amount of injustice in the system, and improve public safety. And Gov. Brown has presided over that.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" target=\"_blank\" rel=\"noopener\">Brown's Longest-Lasting Legacy: Judges\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS4469_106397071-1180x787.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>The governor's \u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" rel=\"noopener\" target=\"_blank\">judicial appointments\u003c/a> will leave a lasting imprint on the state, breaking the mold with candidates from diverse professional and personal backgrounds.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>Romano credited Brown for his creative approach to the problem, saying the governor — the only person to ever lead California for four terms — understands the power of that office and what he called “the administrative state.”\u003c/p>\n\u003cp>He noted that both of the sweeping laws that Brown authored — Assembly Bill 109, \u003ca href=\"https://www.kqed.org/news/11107949/realignment-5-years-on-counties-build-jails-for-inmates-with-mental-illness\" rel=\"noopener\" target=\"_blank\">known as realignment\u003c/a>, and Proposition 57, which made broad changes to \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\" rel=\"noopener\" target=\"_blank\">parole rules\u003c/a> — did not rely on simply reducing criminal sentences or throwing the doors of prisons and jails open indiscriminately.\u003c/p>\n\u003cp>“He has not reduced a single sentence\" with the changes in law, Romano said, \"but he has shifted the responsibility and the incentives within the system.\"\u003c/p>\n\u003cp>Under Proposition 57, which voters approved in 2016, that meant giving prison officials more flexibility to reward prisoners who have participated in rehabilitative programs with shorter sentences. Under AB 109, it meant redirecting most nonviolent offenders to county jails instead of state prisons to serve their sentences, giving counties more incentives to rehabilitate offenders.\u003c/p>\n\u003cp>Brown pushed both measures not only because he came to believe that many of the “tough on crime” laws of the 1980s and 1990s were a mistake, but because he had to. In the first months of his second administration, the U.S. Supreme Court issued that order, telling California its overcrowded prisons were unconstitutional because inmates were being denied medical care.\u003c/p>\n\u003cp>While the changes championed by the governor haven't been without critics, Romano believes Brown’s approach was brilliant because it avoided the political pitfalls of releasing inmates early, and marshaled forces Brown had at his disposal within state government.\u003c/p>\n\u003cp>“This type of administrative reform has proven in some ways to be more effective than any other type of criminal justice reform and mass incarceration reform that we typically talk about,” Romano said.\u003c/p>\n\u003cp>\u003cstrong>'Too Much Change Too Quickly'\u003c/strong>\u003c/p>\n\u003cp>Of course, not everyone is on board. Law enforcement groups opposed most of the major sentencing reforms that have been adopted in recent years, and continue to blame those changes for the increase in property crimes that some communities have experienced.\u003c/p>\n\u003cp>Morgan Hill Police Chief David Swing is president of the California Police Chiefs Association. He said there’s been a “sea change” in how the state approaches criminal justice under Brown.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11714250/governor-jerry-brown-on-leaving-office-leftover-campaign-cash-lessons-from-his-mother-and-car-shopping\" target=\"_blank\" rel=\"noopener\">LISTEN: Gov. Brown Exit Interview with 'Political Breakdown'\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714250/governor-jerry-brown-on-leaving-office-leftover-campaign-cash-lessons-from-his-mother-and-car-shopping\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/JB-Politcal-Breakdown-1180x886.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>Gov. Brown \u003ca href=\"https://www.kqed.org/news/11714250/governor-jerry-brown-on-leaving-office-leftover-campaign-cash-lessons-from-his-mother-and-car-shopping\" rel=\"noopener\" target=\"_blank\">sat down\u003c/a> with KQED politics reporter Marisa Lagos and editor Scott Shafer at the governor's mansion in Sacramento to talk about life after office, his plans for his unspent campaign cash, what Democrats need in 2020, challenges for Gov.-elect Gavin Newsom and the influence of his mother.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>“And we would say that it's been too much change too quickly,” he said. “When you have that much change all at once, there isn't an opportunity to really evaluate the efficacy of those programs.”\u003c/p>\n\u003cp>Swing is right. The state has not made an effort to track the effects of many of the changes, instead relying on outside groups like universities and think tanks to draw their own conclusions.\u003c/p>\n\u003cp>He believes the reforms have come at a cost but — in a sign of how far the conversation has come over the past decade — he also said police groups don’t want to return to the days of simply locking people up.\u003c/p>\n\u003cp>“We know that incarceration doesn't solve the problem. There has to be a program afterwards, even during custody, in order for someone to have the best chance of being successful,” he said, arguing that the state hasn’t done enough to invest in those types of programs amid the significant reforms.\u003c/p>\n\u003cp>Swing also said the state has gone too far, particularly with measures like the voter-approved Proposition 47, which Brown did not support when it was on the ballot.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\" rel=\"noopener\" target=\"_blank\">Proposition 47\u003c/a> helped reduce the prison population by reducing most drug possession charges from felonies to misdemeanors — meaning those inmates would serve their time in local jails, not state prisons — and made petty theft of items up to $950 a misdemeanor as well. It also allowed people to retroactively petition courts to change their sentences.\u003c/p>\n\u003cp>\u003cstrong>A Changing Relationship With Law Enforcement\u003c/strong>\u003c/p>\n\u003cp>Former state Sen. Mark Leno said the history behind Proposition 47 shows how law enforcement, long a powerful lobbying force in Sacramento, overreached at times during Brown’s tenure. And how the governor became increasingly more willing to push back against police and prosecutors over his two terms.\u003c/p>\n\u003cp>Leno said prior to voters weighing in on Proposition 47 in 2014, he authored a measure that didn’t go quite as far as the initiative, but would have let prosecutors decide whether to charge someone with a felony or misdemeanor in many drug and petty theft cases. But law enforcement groups — particularly prosecutors — lobbied the governor to veto the bill, and he did.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\" target=\"_blank\" rel=\"noopener\">In Shift, California Lawmakers Embrace Some Ambitious Criminal Justice Reforms\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/RS26392_IMG_1968-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>The last legislative session under Gov. Brown \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\" rel=\"noopener\" target=\"_blank\">bucked law enforcement\u003c/a> to pass laws ending cash bail, reforming the felony murder rule and opening up police records, among others.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>When he was elected in 2010, Leno noted, Brown was attorney general and had the support of all the state’s major law enforcement groups. But by the last few years of his governorship, Brown was pushing ballot measures, like Proposition 57, against the wishes of district attorneys and signing police oversight bills over the cries of police associations.\u003c/p>\n\u003cp>“Once he became governor he probably had a clearer view of how serious the prison crisis was and that he was under court order to do something about it,” Leno said. “He in some ways almost reverted more back to his Jesuit roots of fairness and making sure people have second chances in life.”\u003c/p>\n\u003cp>That meant signing bills that reduced criminal sentences, Leno said, but also vetoing those that would have led to more people being incarcerated. It included signing a landmark bail reform bill last year that, if upheld by the voters in 2020, will eliminate the requirement that suspects \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" rel=\"noopener\" target=\"_blank\">pay money\u003c/a> to secure their release ahead of trial.\u003c/p>\n\u003cp>“I don't think it's an overstatement to say Jerry Brown has been visionary in this area. He looked down the road, saw what needed to be done, and then figured out what to do and did it. That's the definition of a visionary,” Leno said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>All those policy changes, Leno said, will impact the state’s criminal justice system for years to come.\u003c/p>\n\n","blocks":[],"excerpt":"'He in some ways almost reverted more back to his Jesuit roots of fairness and making sure people have second chances in life,' said former state Sen. Mark Leno.","status":"publish","parent":0,"modified":1546116964,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":1645},"headData":{"title":"Jerry Brown Will Leave Lasting Impact on Criminal Justice in California | KQED","description":"'He in some ways almost reverted more back to his Jesuit roots of fairness and making sure people have second chances in life,' said former state Sen. Mark Leno.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11714104 https://ww2.kqed.org/news/?p=11714104","disqusUrl":"https://ww2.kqed.org/news/2018/12/29/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california/","disqusTitle":"Jerry Brown Will Leave Lasting Impact on Criminal Justice in California","path":"/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>During his first stint as California governor 40 years ago, Jerry Brown appointed a slew of diverse — sometimes controversial — judges and signed a sentencing law that fundamentally changed how the state approached punishment.\u003c/p>\n\u003cp>In some ways, things weren’t so different during Brown’s second go-around in the governor’s office.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/guvtransition\" target=\"_blank\" rel=\"noopener\">Brown Out, Newsom In\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/guvtransition\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://u.s.kqed.net/2018/12/20/JerryBrownMain.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>As the Jerry Brown era winds down and California prepares for the governorship of Gavin Newsom, KQED is \u003ca href=\"https://www.kqed.org/news/tag/guvtransition\" rel=\"noopener\" target=\"_blank\">looking back\u003c/a> at Gov. Brown’s legacy and ahead to the challenges and opportunities facing Gov.-elect Newsom.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>Over the past eight years, Brown oversaw a dramatic shift in how California approaches criminal justice, including authoring a law that upended how the state treats nonviolent offenders and writing a ballot measure that rolled back the \"lock 'em up\" sentencing philosophy he championed in 1976. \u003c/p>\n\u003cp>This time around, the governor appointed \u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" rel=\"noopener\" target=\"_blank\">more than 600 judges\u003c/a>, including four to the state’s high court who represent not just more women and people of color, but also a much broader set of career experiences and philosophical backgrounds.\u003c/p>\n\u003cp>But he’s gone much further than he did in the 1970s and 1980s: Over his final two terms, Brown issued 1,189 pardons and 152 commutations — dwarfing any of his predecessors and his own previous record, when he issued 404 pardons and just one commutation. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He’s also vetoed dozens of bills that would have created new crimes and signed numerous sentencing reforms that give offenders chances at shorter sentences.\u003c/p>\n\u003cp>\u003cstrong>Brown's Evolution on Criminal Justice\u003c/strong>\u003c/p>\n\u003cp>In some ways, Brown’s evolution tracks with that of California voters, who have embraced even further-reaching criminal justice reforms than the governor initially wanted. Both Brown and the electorate were encouraged down that path by a landmark legal case that resulted in the U.S. Supreme Court ordering the state to \u003ca href=\"https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population\" rel=\"noopener\" target=\"_blank\">reduce its prison population\u003c/a> by tens of thousands of inmates.\u003c/p>\n\u003cp>Today, the state has about 34,000 fewer people in state prisons than it did when Brown was sworn into the governor's office in 2011.\u003c/p>\n\u003cp>“Gov. Brown has presided over a legacy of criminal justice reform that is really unmatched across the country,” said Stanford University’s Michael Romano, who runs the university’s Three Strikes Project and helped write two of the recent criminal justice ballot initiatives that Brown was not involved in.\u003c/p>\n\u003cp>“The whole United States prison population has come down over the past 10 years, and all of that reduction is a result of the reductions that we've seen in California. And at the same time, the crime rates in California from when these reforms started to kick in, in 2011, to today are down,” Romano said. “So we've been able to reduce our prison population, significantly reduce the amount of injustice in the system, and improve public safety. And Gov. Brown has presided over that.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" target=\"_blank\" rel=\"noopener\">Brown's Longest-Lasting Legacy: Judges\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS4469_106397071-1180x787.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>The governor's \u003ca href=\"https://www.kqed.org/news/11714131/browns-longest-lasting-legacy-judges\" rel=\"noopener\" target=\"_blank\">judicial appointments\u003c/a> will leave a lasting imprint on the state, breaking the mold with candidates from diverse professional and personal backgrounds.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>Romano credited Brown for his creative approach to the problem, saying the governor — the only person to ever lead California for four terms — understands the power of that office and what he called “the administrative state.”\u003c/p>\n\u003cp>He noted that both of the sweeping laws that Brown authored — Assembly Bill 109, \u003ca href=\"https://www.kqed.org/news/11107949/realignment-5-years-on-counties-build-jails-for-inmates-with-mental-illness\" rel=\"noopener\" target=\"_blank\">known as realignment\u003c/a>, and Proposition 57, which made broad changes to \u003ca href=\"https://www.kqed.org/news/11114572/jerry-brown-pushes-earlier-release-of-felons-under-proposition-57\" rel=\"noopener\" target=\"_blank\">parole rules\u003c/a> — did not rely on simply reducing criminal sentences or throwing the doors of prisons and jails open indiscriminately.\u003c/p>\n\u003cp>“He has not reduced a single sentence\" with the changes in law, Romano said, \"but he has shifted the responsibility and the incentives within the system.\"\u003c/p>\n\u003cp>Under Proposition 57, which voters approved in 2016, that meant giving prison officials more flexibility to reward prisoners who have participated in rehabilitative programs with shorter sentences. Under AB 109, it meant redirecting most nonviolent offenders to county jails instead of state prisons to serve their sentences, giving counties more incentives to rehabilitate offenders.\u003c/p>\n\u003cp>Brown pushed both measures not only because he came to believe that many of the “tough on crime” laws of the 1980s and 1990s were a mistake, but because he had to. In the first months of his second administration, the U.S. Supreme Court issued that order, telling California its overcrowded prisons were unconstitutional because inmates were being denied medical care.\u003c/p>\n\u003cp>While the changes championed by the governor haven't been without critics, Romano believes Brown’s approach was brilliant because it avoided the political pitfalls of releasing inmates early, and marshaled forces Brown had at his disposal within state government.\u003c/p>\n\u003cp>“This type of administrative reform has proven in some ways to be more effective than any other type of criminal justice reform and mass incarceration reform that we typically talk about,” Romano said.\u003c/p>\n\u003cp>\u003cstrong>'Too Much Change Too Quickly'\u003c/strong>\u003c/p>\n\u003cp>Of course, not everyone is on board. Law enforcement groups opposed most of the major sentencing reforms that have been adopted in recent years, and continue to blame those changes for the increase in property crimes that some communities have experienced.\u003c/p>\n\u003cp>Morgan Hill Police Chief David Swing is president of the California Police Chiefs Association. He said there’s been a “sea change” in how the state approaches criminal justice under Brown.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11714250/governor-jerry-brown-on-leaving-office-leftover-campaign-cash-lessons-from-his-mother-and-car-shopping\" target=\"_blank\" rel=\"noopener\">LISTEN: Gov. Brown Exit Interview with 'Political Breakdown'\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714250/governor-jerry-brown-on-leaving-office-leftover-campaign-cash-lessons-from-his-mother-and-car-shopping\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/JB-Politcal-Breakdown-1180x886.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>Gov. Brown \u003ca href=\"https://www.kqed.org/news/11714250/governor-jerry-brown-on-leaving-office-leftover-campaign-cash-lessons-from-his-mother-and-car-shopping\" rel=\"noopener\" target=\"_blank\">sat down\u003c/a> with KQED politics reporter Marisa Lagos and editor Scott Shafer at the governor's mansion in Sacramento to talk about life after office, his plans for his unspent campaign cash, what Democrats need in 2020, challenges for Gov.-elect Gavin Newsom and the influence of his mother.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>“And we would say that it's been too much change too quickly,” he said. “When you have that much change all at once, there isn't an opportunity to really evaluate the efficacy of those programs.”\u003c/p>\n\u003cp>Swing is right. The state has not made an effort to track the effects of many of the changes, instead relying on outside groups like universities and think tanks to draw their own conclusions.\u003c/p>\n\u003cp>He believes the reforms have come at a cost but — in a sign of how far the conversation has come over the past decade — he also said police groups don’t want to return to the days of simply locking people up.\u003c/p>\n\u003cp>“We know that incarceration doesn't solve the problem. There has to be a program afterwards, even during custody, in order for someone to have the best chance of being successful,” he said, arguing that the state hasn’t done enough to invest in those types of programs amid the significant reforms.\u003c/p>\n\u003cp>Swing also said the state has gone too far, particularly with measures like the voter-approved Proposition 47, which Brown did not support when it was on the ballot.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\" rel=\"noopener\" target=\"_blank\">Proposition 47\u003c/a> helped reduce the prison population by reducing most drug possession charges from felonies to misdemeanors — meaning those inmates would serve their time in local jails, not state prisons — and made petty theft of items up to $950 a misdemeanor as well. It also allowed people to retroactively petition courts to change their sentences.\u003c/p>\n\u003cp>\u003cstrong>A Changing Relationship With Law Enforcement\u003c/strong>\u003c/p>\n\u003cp>Former state Sen. Mark Leno said the history behind Proposition 47 shows how law enforcement, long a powerful lobbying force in Sacramento, overreached at times during Brown’s tenure. And how the governor became increasingly more willing to push back against police and prosecutors over his two terms.\u003c/p>\n\u003cp>Leno said prior to voters weighing in on Proposition 47 in 2014, he authored a measure that didn’t go quite as far as the initiative, but would have let prosecutors decide whether to charge someone with a felony or misdemeanor in many drug and petty theft cases. But law enforcement groups — particularly prosecutors — lobbied the governor to veto the bill, and he did.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\" target=\"_blank\" rel=\"noopener\">In Shift, California Lawmakers Embrace Some Ambitious Criminal Justice Reforms\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/RS26392_IMG_1968-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>The last legislative session under Gov. Brown \u003ca href=\"https://www.kqed.org/news/11689707/in-shift-california-lawmakers-embrace-some-ambitious-criminal-justice-reforms\" rel=\"noopener\" target=\"_blank\">bucked law enforcement\u003c/a> to pass laws ending cash bail, reforming the felony murder rule and opening up police records, among others.\u003cbr>\n\u003c/p>\u003c/aside>\n\u003cp>When he was elected in 2010, Leno noted, Brown was attorney general and had the support of all the state’s major law enforcement groups. But by the last few years of his governorship, Brown was pushing ballot measures, like Proposition 57, against the wishes of district attorneys and signing police oversight bills over the cries of police associations.\u003c/p>\n\u003cp>“Once he became governor he probably had a clearer view of how serious the prison crisis was and that he was under court order to do something about it,” Leno said. “He in some ways almost reverted more back to his Jesuit roots of fairness and making sure people have second chances in life.”\u003c/p>\n\u003cp>That meant signing bills that reduced criminal sentences, Leno said, but also vetoing those that would have led to more people being incarcerated. It included signing a landmark bail reform bill last year that, if upheld by the voters in 2020, will eliminate the requirement that suspects \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" rel=\"noopener\" target=\"_blank\">pay money\u003c/a> to secure their release ahead of trial.\u003c/p>\n\u003cp>“I don't think it's an overstatement to say Jerry Brown has been visionary in this area. He looked down the road, saw what needed to be done, and then figured out what to do and did it. That's the definition of a visionary,” Leno said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>All those policy changes, Leno said, will impact the state’s criminal justice system for years to come.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18821","news_2704","news_616","news_22276","news_19542","news_24715","news_30","news_18502","news_18418","news_765"],"featImg":"news_11714850","label":"news_72"},"news_11669971":{"type":"posts","id":"news_11669971","meta":{"index":"posts_1591205157","site":"news","id":"11669971","score":null,"sort":[1527076851000]},"guestAuthors":[],"slug":"governor-jerry-brown-criminal-justice-initiative-poorly-drafted","title":"Gov. Jerry Brown: Criminal Justice Initiative Is 'Poorly Drafted'","publishDate":1527076851,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Backers of a \u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\">wide-ranging ballot measure\u003c/a> aimed at reversing many of the changes to parole and sentencing laws championed by Gov. Jerry Brown said this week that they have enough signatures to qualify for the ballot.\u003c/p>\n\u003cp>But if it qualifies, the initiative will have some powerful opposition: Gov. Brown told KQED in an exclusive interview Tuesday that he is ready to fight the measure.\u003c/p>\n\u003cp>\"My concern about this initiative is that it was very poorly drafted. It has consequences that I believe the authors couldn't even conceive of,\" Brown said. \"I would say that this is very, very poorly conceived -- mostly by elected politicians who are trying to exploit fear and raise money from various interest groups under false pretenses to advance their respective careers.\"\u003c/p>\n\u003cp>Broadly, the measure would make it more difficult for many inmates to get out of state prison, and easier for prosecutors to lock up other offenders. It would give the parole board less discretion in deciding who should be released; make it easier for district attorneys to charge shoplifters with felonies; expand DNA collection to include people convicted of some misdemeanors; and give victims more of a say in parole hearings and in \u003cem>where\u003c/em> an offender is placed once they leave prison.\u003c/p>\n\u003cp>\"It will definitely jack up prison costs by tens of millions (of dollars a year) if not a lot more,\" Brown said. \"And where will that come from except schools and other very important functions of state government? \"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The ballot measure is backed by a segment of law enforcement officials who have been critical all along of the laws Brown pushed in order to reduce the state's bloated prison system. The 19-page measure is a grab bag of sorts aimed at rolling back many of the \u003ca href=\"https://www.kqed.org/news/11669703/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california\">criminal justice changes initiated by lawmakers, Brown and voters since 2011.\u003c/a>\u003c/p>\n\u003cp>Democratic Elk Grove Assemblyman Jim Cooper, a former police officer helping spearhead the initiative, said one of the most important changes proposed under the ballot measure is the expansion of what's considered a \"violent\" crime under state law. By changing that definition, the initiative would limit who's eligible for release from state prison and potentially result in more offenders being sentenced to state prison instead of county jail.\u003c/p>\n\u003cp>\"Right now California crimes that are considered nonserious and nonviolent -- and that allow you to get out of jail or prison earlier -- are drugging and raping somebody, raping a developmentally disabled person, spousal abuse, a drive-by shooting, human trafficking of a child. So a myriad of different crimes, some 17 to be exact,\" Cooper said. \"The public never had any idea. These were not considered serious or violent crimes in the state of California. When they hear it they're shocked.\"\u003c/p>\n\u003cp>Cooper is referring to Proposition 57, a 2016 ballot measure written by Brown that made it easier for prisoners who participate in rehabilitation programs to win release. The initiative applied only to people convicted of crimes considered nonviolent under state law -- a short list created years ago that in fact does exclude some heinous-sounding offenses.\u003c/p>\n\u003cp>But Brown says the list of so-called violent crimes includes only a handful of the 5,000 crimes on the books in California and that critics could keep adding new ones \"virtually forever.\"\u003c/p>\n\u003cp>He said the goal of Proposition 57 was simply to give prisoners an opportunity and incentive to participate in rehabilitation programs -- under the measure, inmates who do so are more likely to be granted parole.\u003c/p>\n\u003cp>\"The point is, should people who spent 10 or 20 years in prison have a chance at parole?\" he said, noting that the parole board rejects 75 percent of releases and is made up mostly of retired law enforcement, who consider someone's criminal past and how they have behaved in prison.\u003c/p>\n\u003cp>The governor said removing the opportunity for rehabilitation and release gives power to prison gangs.\u003c/p>\n\u003cp>\"Unless there is an option, like 'Stay away from the gangs and you can get out of prison earlier,' then the gangs hold full sway and the prison authorities have no alternate reward,\" he said.\u003c/p>\n\u003cp>Since before the governor took office in 2011, California has been under a federal court order to reduce its prison population by 40,000 inmates. Lawmakers and voters have passed a series of criminal justice reforms over the past seven years, several crafted by Brown, that have aimed to reduce that population and help offenders succeed both while they're incarcerated and once they're released.\u003c/p>\n\u003cp>The two that stand to be watered down the most under this proposed ballot measure are 2016's Proposition 57, which gave the parole board more discretion in prison release decisions; and Proposition 47, a 2014 ballot measure that reduced most drug possession felonies to misdemeanors and raised the threshold for felony shoplifting theft from $450 to $950.\u003c/p>\n\u003cp>Retailers complain that change has resulted in an explosion of organized retail theft rings. Those thieves, they say, know that they won't be charged with a felony unless they steal more than $949 worth of merchandise at a time.\u003c/p>\n\u003cp>That's why some large grocery chains, including Albertson's, Raley's and Grocery Outlet, are bankrolling the proposed ballot measure. Other retail groups are working with Brown and lawmakers to create a new \"organized retail theft\" crime through the legislative process and have disavowed the ballot measure.\u003c/p>\n\u003cp>One outstanding question is whether counties will have enough time to count the signatures before June 28, the deadline to place a measure on the November ballot. If they miss that deadline, the ballot measure wouldn't appear before voters until 2020.\u003c/p>\n\u003cp>Cooper said he's confident there's plenty of time for the count, noting that Brown's Proposition 57 qualified two years ago in the same time frame.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"So there's no reason ours shouldn't make it on the ballot this year unless somebody tries to sabotage it,\" he said.\u003c/p>\n\n","blocks":[],"excerpt":"Brown said he's prepared to fight a criminal justice ballot measure that proponents hope to place on the November ballot.","status":"publish","parent":0,"modified":1527626612,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":996},"headData":{"title":"Gov. Jerry Brown: Criminal Justice Initiative Is 'Poorly Drafted' | KQED","description":"Brown said he's prepared to fight a criminal justice ballot measure that proponents hope to place on the November ballot.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11669971 https://ww2.kqed.org/news/?p=11669971","disqusUrl":"https://ww2.kqed.org/news/2018/05/23/governor-jerry-brown-criminal-justice-initiative-poorly-drafted/","disqusTitle":"Gov. Jerry Brown: Criminal Justice Initiative Is 'Poorly Drafted'","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/05/LagosCrimeBallotMeasureTCRAM180523.mp3","path":"/news/11669971/governor-jerry-brown-criminal-justice-initiative-poorly-drafted","audioDuration":156000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Backers of a \u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\">wide-ranging ballot measure\u003c/a> aimed at reversing many of the changes to parole and sentencing laws championed by Gov. Jerry Brown said this week that they have enough signatures to qualify for the ballot.\u003c/p>\n\u003cp>But if it qualifies, the initiative will have some powerful opposition: Gov. Brown told KQED in an exclusive interview Tuesday that he is ready to fight the measure.\u003c/p>\n\u003cp>\"My concern about this initiative is that it was very poorly drafted. It has consequences that I believe the authors couldn't even conceive of,\" Brown said. \"I would say that this is very, very poorly conceived -- mostly by elected politicians who are trying to exploit fear and raise money from various interest groups under false pretenses to advance their respective careers.\"\u003c/p>\n\u003cp>Broadly, the measure would make it more difficult for many inmates to get out of state prison, and easier for prosecutors to lock up other offenders. It would give the parole board less discretion in deciding who should be released; make it easier for district attorneys to charge shoplifters with felonies; expand DNA collection to include people convicted of some misdemeanors; and give victims more of a say in parole hearings and in \u003cem>where\u003c/em> an offender is placed once they leave prison.\u003c/p>\n\u003cp>\"It will definitely jack up prison costs by tens of millions (of dollars a year) if not a lot more,\" Brown said. \"And where will that come from except schools and other very important functions of state government? \"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The ballot measure is backed by a segment of law enforcement officials who have been critical all along of the laws Brown pushed in order to reduce the state's bloated prison system. The 19-page measure is a grab bag of sorts aimed at rolling back many of the \u003ca href=\"https://www.kqed.org/news/11669703/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california\">criminal justice changes initiated by lawmakers, Brown and voters since 2011.\u003c/a>\u003c/p>\n\u003cp>Democratic Elk Grove Assemblyman Jim Cooper, a former police officer helping spearhead the initiative, said one of the most important changes proposed under the ballot measure is the expansion of what's considered a \"violent\" crime under state law. By changing that definition, the initiative would limit who's eligible for release from state prison and potentially result in more offenders being sentenced to state prison instead of county jail.\u003c/p>\n\u003cp>\"Right now California crimes that are considered nonserious and nonviolent -- and that allow you to get out of jail or prison earlier -- are drugging and raping somebody, raping a developmentally disabled person, spousal abuse, a drive-by shooting, human trafficking of a child. So a myriad of different crimes, some 17 to be exact,\" Cooper said. \"The public never had any idea. These were not considered serious or violent crimes in the state of California. When they hear it they're shocked.\"\u003c/p>\n\u003cp>Cooper is referring to Proposition 57, a 2016 ballot measure written by Brown that made it easier for prisoners who participate in rehabilitation programs to win release. The initiative applied only to people convicted of crimes considered nonviolent under state law -- a short list created years ago that in fact does exclude some heinous-sounding offenses.\u003c/p>\n\u003cp>But Brown says the list of so-called violent crimes includes only a handful of the 5,000 crimes on the books in California and that critics could keep adding new ones \"virtually forever.\"\u003c/p>\n\u003cp>He said the goal of Proposition 57 was simply to give prisoners an opportunity and incentive to participate in rehabilitation programs -- under the measure, inmates who do so are more likely to be granted parole.\u003c/p>\n\u003cp>\"The point is, should people who spent 10 or 20 years in prison have a chance at parole?\" he said, noting that the parole board rejects 75 percent of releases and is made up mostly of retired law enforcement, who consider someone's criminal past and how they have behaved in prison.\u003c/p>\n\u003cp>The governor said removing the opportunity for rehabilitation and release gives power to prison gangs.\u003c/p>\n\u003cp>\"Unless there is an option, like 'Stay away from the gangs and you can get out of prison earlier,' then the gangs hold full sway and the prison authorities have no alternate reward,\" he said.\u003c/p>\n\u003cp>Since before the governor took office in 2011, California has been under a federal court order to reduce its prison population by 40,000 inmates. Lawmakers and voters have passed a series of criminal justice reforms over the past seven years, several crafted by Brown, that have aimed to reduce that population and help offenders succeed both while they're incarcerated and once they're released.\u003c/p>\n\u003cp>The two that stand to be watered down the most under this proposed ballot measure are 2016's Proposition 57, which gave the parole board more discretion in prison release decisions; and Proposition 47, a 2014 ballot measure that reduced most drug possession felonies to misdemeanors and raised the threshold for felony shoplifting theft from $450 to $950.\u003c/p>\n\u003cp>Retailers complain that change has resulted in an explosion of organized retail theft rings. Those thieves, they say, know that they won't be charged with a felony unless they steal more than $949 worth of merchandise at a time.\u003c/p>\n\u003cp>That's why some large grocery chains, including Albertson's, Raley's and Grocery Outlet, are bankrolling the proposed ballot measure. Other retail groups are working with Brown and lawmakers to create a new \"organized retail theft\" crime through the legislative process and have disavowed the ballot measure.\u003c/p>\n\u003cp>One outstanding question is whether counties will have enough time to count the signatures before June 28, the deadline to place a measure on the November ballot. If they miss that deadline, the ballot measure wouldn't appear before voters until 2020.\u003c/p>\n\u003cp>Cooper said he's confident there's plenty of time for the count, noting that Brown's Proposition 57 qualified two years ago in the same time frame.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"So there's no reason ours shouldn't make it on the ballot this year unless somebody tries to sabotage it,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11669971/governor-jerry-brown-criminal-justice-initiative-poorly-drafted","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_17626","news_22276","news_20191","news_30","news_18502","news_18418"],"featImg":"news_11670083","label":"news_72"},"news_11669703":{"type":"posts","id":"news_11669703","meta":{"index":"posts_1591205157","site":"news","id":"11669703","score":null,"sort":[1526990407000]},"guestAuthors":[],"slug":"what-will-jerry-browns-departure-mean-for-criminal-justice-in-california","title":"What Will Jerry Brown's Departure Mean for Criminal Justice in California?","publishDate":1526990407,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>When Gov. Jerry Brown was sworn in seven years ago, he inherited a prison system that by most accounts was at a breaking point.\u003c/p>\n\u003cp>Years of “tough on crime” laws had packed state lockups to the brim. Federal judges \u003ca href=\"https://www.nytimes.com/2011/05/24/us/24scotus.html\">told California leaders they needed to reduce the prison population by 40,000 inmates\u003c/a>, or else the court would start releasing prisoners.\u003c/p>\n\u003cp>So one of Brown’s first big moves as governor was a \u003ca href=\"https://www.gov.ca.gov/2011/04/05/news16964/\">proposal to massively change how the state dealt with nonviolent offenders\u003c/a>: Assembly Bill 109 shifted their sentences from state prison to county jails, and let them report to county probation departments rather than state parole officers.\u003c/p>\n\u003cp>Supporters, including state Sen. Mark Leno, said the change -- dubbed “criminal justice realignment” -- would let the state save money, reduce crowding and tackle its dismal recidivism rate, which saw 70 percent of offenders return to prison within three years of release.\u003c/p>\n\u003cp>Leno, a San Francisco Democrat, carried the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB109\">663-page realignment bill\u003c/a> through the Senate, a proposal that Republicans opposed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I think we can all acknowledge we have a failed very expensive system currently,” Leno told lawmakers during a March 2011 debate. “For example, if someone has a drug or alcohol problem, currently when they fail parole, we send them back to state prison at a cost of about $50,000 a year. And guess what -- we’re not dealing with the problem. Locals, with the funding we will be providing, will be able to invest in a variety of different programs, to get to the core of the problem.”\u003c/p>\n\u003cp>The success of realignment \u003ca href=\"https://www.kqed.org/news/11108031/five-years-later-many-see-criminal-justice-realignment-as-success\">is still being debated\u003c/a>. But it's clear that the bill was just the beginning of a series of sweeping criminal justice reforms California would embrace over Brown’s two terms in office.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Where the candidates stand\u003c/h3>\n\u003cul>\n\u003cli>\"As governor, I will reverse the soft-on-crime laws of Jerry Brown and the California Democrats. Liberal laws like AB 109 and Propositions 47 and 57 have released thousands of criminals and sex offenders from jails and prisons and into our neighborhoods, feeding the explosion of homeless encampments, drug users and criminals in our neighborhoods.\"\u003cbr>\n\u003ccite>Travis Allen\u003c/cite>\u003c/li>\n\u003cli>\"As governor, I will help lead the difficult conversations that must happen between law enforcement and communities of color and emphasize a community-oriented approach to policing that builds stronger relationships and understanding.\"\u003cbr>\n\u003ccite>John Chiang\u003c/cite>\u003c/li>\n\u003cli>\"I'd take a very different approach than Jerry Brown's. On day one as governor I would act to end the sanctuary state law. I will also advocate for full repeal of Prop. 47 and AB 109 to remove the criminal element plaguing our streets.”\u003cbr>\n\u003ccite> John Cox\u003c/cite>\u003c/li>\n\u003cli>\"I believe strongly that our next governor should lead efforts to eliminate the discriminatory cash bail system and take on the private prison industrial complex. Bail bondsmen and the for-profit prison industry should have no place in California's future.\"\u003cbr>\n\u003ccite>Gavin Newsom\u003c/cite>\u003c/li>\n\u003cli>\"Research has made abundantly clear that investments in early care and education have significant impacts in improving educational outcomes. The school to prison pipeline must be broken. So I will continue to work on the path of reforming our criminal justice system.\"\u003cbr>\n\u003ccite>Antonio Villaraigosa\u003c/cite>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Some of the most far-reaching reforms came at the ballot box.\u003c/p>\n\u003cp>Voters \u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\">lowered most drug possession offenses\u003c/a> from felonies to misdemeanors, \u003ca href=\"https://www.sfgate.com/politics/article/Prop-36-Three-strikes-changes-approved-4014677.php\">softened the three strikes law\u003c/a>, legalized \u003ca href=\"http://time.com/4565438/california-marijuana-faq-rules-prop-64/\">marijuana\u003c/a> and embraced \u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\">sweeping parole changes\u003c/a> pushed by Brown.\u003c/p>\n\u003cp>In the Capitol, Brown signed dozens of laws reshaping criminal sentences, \u003ca href=\"https://www.dailynews.com/2017/10/19/revealing-rejections-jerry-browns-vetoes-are-a-window-into-his-mind/\">and vetoed bills\u003c/a> that would have created new crimes or increased sentences.\u003c/p>\n\u003cp>So what will a new governor mean for California and Brown’s criminal justice legacy?\u003c/p>\n\u003cp>A lot would change if a Republican won.\u003c/p>\n\u003cp>Businessman John Cox and state Assemblyman Travis Allen are both vowing to repeal most of Brown’s signature criminal justice reforms and others backed by voters, including \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\">Proposition 47\u003c/a>, the 2014 ballot measure that made some theft and most drug possession charges misdemeanors. That measure has helped reduce the populations in county jails, and allowed thousands of people with past relevant felonies to petition the courts to have their records cleared. Any changes would need to be approved by voters.\u003c/p>\n\u003cp>Critics blame Proposition 47 for the \u003ca href=\"https://openjustice.doj.ca.gov/crime-statistics/crimes-clearances\">slight increase\u003c/a> in property crimes seen statewide since 2014 and the \u003ca href=\"https://www.sfgate.com/crime/article/Property-crimes-violence-increases-in-San-12723981.php\">large spikes in some big cities\u003c/a>.\u003c/p>\n\u003cp>“I'd take a very different approach than Jerry Brown's,\" Cox said in a statement to KQED. \"On day one as governor I would act to end the sanctuary state law, I will also advocate for full repeal of Prop.47 and AB 109 to remove the criminal element plaguing our streets.\"\u003c/p>\n\u003cp>Allen went even further, promising to “reverse the soft-on-crime laws of Jerry Brown and the California Democrats,” including Brown’s \u003ca href=\"https://ballotpedia.org/California_Proposition_57,_Parole_for_Non-Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016)\">Proposition 57\u003c/a>, which made it easier for people who participate in rehabilitation programs to win their parole from prison.\u003c/p>\n\u003cp>Allen also vowed to return to a tougher three strikes law; voters embraced \u003ca href=\"https://www.sfgate.com/politics/article/3-strikes-law-revised-under-Prop-36-3930347.php\">changes to that law in 2012\u003c/a>. And, he called for repealing some of the state’s \u003ca href=\"http://www.latimes.com/politics/la-pol-ca-gun-bill-timeline-20171002-htmlstory.html\">tough gun control measures. \u003c/a>\u003c/p>\n\u003cp>“Liberal laws like AB 109 and Propositions 47 and 57 have released thousands of criminals and sex offenders from jails and prisons and into our neighborhoods, feeding the explosion of homeless encampments, drug users and criminals in our neighborhoods,” Allen said.\u003c/p>\n\u003cp>Of course, Republicans make up only about one-quarter of the electorate in California, making it far more likely that the next governor will be a Democrat.\u003c/p>\n\u003cp>If that’s the case, don’t expect a big shift on criminal justice, said Jessica Levinson, a law professor at Loyola Marymount in Los Angeles.\u003c/p>\n\u003cp>“What you see (among Democrats) is kind of a race to be the most reform-minded criminal justice proponent,” she said. “You hear a lot of talk from all of them about basically how we need to take preventative measures.”\u003c/p>\n\u003cp>Levinson said she doesn’t see much daylight among the three leading Democrats -- Lt. Gov. Gavin Newsom, state Treasurer John Chiang and former Los Angeles Mayor Antonio Villaraigosa.\u003c/p>\n\u003cp>But there are clearly some differences among the candidates.\u003c/p>\n\u003cfigure id=\"attachment_11669748\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11669748\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/GettyImages-693098880-1-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1020x684.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1200x805.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1920x1288.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1180x791.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-960x644.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-240x161.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-375x252.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-520x349.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Former Los Angeles Mayor Antonio Villaraigosa \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Villaraigosa, for example, has tried to strike a middle path, saying he supports reforms and opposes the death penalty. In a statement to KQED, Villaraigosa noted that he long opposed the state’s draconian three strikes law, which voters approved in 1994.\u003c/p>\n\u003cp>“It has taken our country too long to recognize that the war on drugs and the politics of being tough on crime led to our country's crisis of mass incarceration,\" Villaraigosa said. \"Governor Brown and our state have taken important steps to reform our criminal justice system but much remains to be done. I will continue to work on the path of reforming our criminal justice system. As I have done throughout my career, I will continue to work on reducing incarceration levels, capital punishment and creating economic opportunities that address the root causes of crime and desperation.”\u003c/p>\n\u003cp>But Villaraigosa also has been critical of realignment and of \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">a push to move away from California's money bail system\u003c/a>.\u003c/p>\n\u003cp>Those positions helped him \u003ca href=\"https://antonioforcalifornia.com/news/ca-police-chiefs-association-porac-antonio-villaraigosa/\">win the backing of several law enforcement groups\u003c/a>, including the Police Officers Research Association of California (PORAC), that have been among the most vocal critics of Brown’s criminal justice agenda. PORAC and others are backing a ballot measure to roll back some of the changes included in Propositions 47 and 57, an initiative those close to the governor see as an attack on his criminal justice accomplishments.\u003c/p>\n\u003cp>PORAC President Brian Marvel noted that Villaraigosa was once speaker of the state Assembly.\u003c/p>\n\u003cp>“Which shows that he has the ability to build coalitions, which I think are important. Coalition-building and getting support from a wide variety of interest groups is not easy,” said Marvel, adding that rank-and-file police groups represented by PORAC were often left out of discussions around criminal justice policy in recent years. His group believes Villaraigosa would include them.\u003c/p>\n\u003cp>Staking out a more progressive position is Newsom. He has embraced criminal justice reforms, pushing gun control and marijuana legalization at the ballot box and speaking out in favor of bail reform, which lawmakers are currently considering.\u003c/p>\n\u003cp>In a statement to KQED, Newsom said he would go even further than Brown, and took a swipe at Villaraigosa, who has accepted money from people in the bail industry.\u003c/p>\n\u003cfigure id=\"attachment_11657185\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11657185\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-800x535.jpg\" alt=\"\" width=\"800\" height=\"535\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-800x535.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-1020x682.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-1180x789.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-960x642.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-375x251.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lt. Gov. Gavin Newsom. \u003ccite>(NICHOLAS KAMM/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I think the governor should be commended for his leadership fighting for sentencing reform, and, unlike my opponents, I was a vocal proponent for Brown's efforts at the ballot box,\" he said. \"But we can't stop there. I was proud to lead efforts to roll back the racist war on drugs, and unlike Antonio Villaraigosa, I believe strongly that our next governor should lead efforts to eliminate the discriminatory cash bail system and take on the private prison industrial complex. Bail bondsmen and the for-profit prison industry should have no place in California's future. \"\u003c/p>\n\u003cp>Brown hasn't weighed in on the governor's race. But Newsom's positions on criminal justice have won him the backing of those close to Brown, including Dana Williamson, a former aide and current political adviser to the governor.\u003c/p>\n\u003cp>“The lieutenant governor’s really the only candidate who has talked about criminal justice reform and embraced the concept that we should be rehabilitating people and, you know, giving them a chance to do better,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11652150\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11652150\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29585_Chiang-qut-800x450.jpg\" alt=\"State Treasurer John Chiang walks though the California Democratic Convention in San Diego.\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-1180x664.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-960x540.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-240x135.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-375x211.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-520x293.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">State Treasurer John Chiang walks though the California Democratic convention in San Diego. \u003ccite>(Katie Orr/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chiang hasn’t talked much about criminal justice on the campaign trail but laid out a middle-of-the-road approach to KQED, saying he supports bail reform and putting resources behind helping criminal offenders.\u003c/p>\n\u003cp>“As governor, I will help lead the difficult conversations that must happen between law enforcement and communities of color and emphasize a community-oriented approach to policing that builds stronger relationships and understanding,” he said. “At the same time, we need to fully fund our police departments so they can recruit the best officers and provide them with the kind of training they need to understand how to work and live with diverse communities.”\u003c/p>\n\u003cp>Former state Schools Superintendent Delaine Eastin has also\u003ca href=\"https://www.delaineforgovernor.com/her_vision#justice\"> staked out a very progressive position on criminal justice\u003c/a> but is trailing in polls.\u003c/p>\n\u003cp>While voters might be able to tease out candidates’ stances on policy, there are other, less discussed arenas of governing where Brown’s decisions have made a big impact. Brown has named a far \u003ca href=\"https://www.kqed.org/news/10869617/browns-judicial-appointments-reflect-shift-away-from-harsh-sentencing-policies\">more diverse set of judges\u003c/a> and parole board members than his predecessors, and allowed \u003ca href=\"http://www.kpbs.org/news/2014/mar/19/governor-brown-releasing-more-lifers/\">a record number of parole releases to go forward.\u003c/a>\u003c/p>\n\u003cp>“The appointments to the bench do have a very important, long-term effect,” said Kent Scheidegger, legal director of the conservative Criminal Justice Legal Foundation and a critic of Brown’s approach to criminal justice. “It's a gradual one that doesn't necessarily show up right away. But I think we are seeing California courts generally, and the California Supreme Court in particular, being more receptive to arguments made by defendants.”\u003c/p>\n\u003cp>Scheidegger said the governor's political power -- and fundraising strength -- have also had an impact. Brown has put his sizable war chest behind promoting changes at the ballot box like 2016’s Proposition 57.\u003c/p>\n\u003cp>That measure chipped away at a legacy from Brown’s first terms as governor that many blame for the prison overcrowding: determinate sentencing, which sets a fixed prison term at the time of conviction. Proposition 57 gave the parole board more discretion on when to release an inmate. Scheidegger opposed Proposition 57, and believes the governor is “fundamentally mistaken on a lot of sentencing issues.”\u003c/p>\n\u003cp>But criminal justice reform advocates like Lenore Anderson believe the changes of the last seven years are only the beginning. Anderson is director of Californians for Safety and Justice, which wrote Proposition 47.\u003c/p>\n\u003cp>“What's been so exciting to see in California over the last few years is the popularity of criminal justice reform being demonstrated at the ballot,” she said. “Realignment was enacted through the Legislature and at the time the common-sense thinking was that the public may not be ready for criminal justice reform. But what we found out through Prop. 47 and Prop. 57 is the reverse.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Anderson believes the next governor should tackle something that seemed impossible just seven years ago: closing state prisons and finally reducing the amount of money Californians spend on incarceration.\u003c/p>\n\n","blocks":[],"excerpt":"Realignment was just the beginning of a series of sweeping reforms that California would embrace over the governor's two terms in office.\r\n\r\n","status":"publish","parent":0,"modified":1527014699,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2155},"headData":{"title":"What Will Jerry Brown's Departure Mean for Criminal Justice in California? | KQED","description":"Realignment was just the beginning of a series of sweeping reforms that California would embrace over the governor's two terms in office.\r\n\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11669703 https://ww2.kqed.org/news/?p=11669703","disqusUrl":"https://ww2.kqed.org/news/2018/05/22/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california/","disqusTitle":"What Will Jerry Brown's Departure Mean for Criminal Justice in California?","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/05/LagosBrownCriminalJusticeTCRAM180522.mp3","path":"/news/11669703/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california","audioDuration":270000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Gov. Jerry Brown was sworn in seven years ago, he inherited a prison system that by most accounts was at a breaking point.\u003c/p>\n\u003cp>Years of “tough on crime” laws had packed state lockups to the brim. Federal judges \u003ca href=\"https://www.nytimes.com/2011/05/24/us/24scotus.html\">told California leaders they needed to reduce the prison population by 40,000 inmates\u003c/a>, or else the court would start releasing prisoners.\u003c/p>\n\u003cp>So one of Brown’s first big moves as governor was a \u003ca href=\"https://www.gov.ca.gov/2011/04/05/news16964/\">proposal to massively change how the state dealt with nonviolent offenders\u003c/a>: Assembly Bill 109 shifted their sentences from state prison to county jails, and let them report to county probation departments rather than state parole officers.\u003c/p>\n\u003cp>Supporters, including state Sen. Mark Leno, said the change -- dubbed “criminal justice realignment” -- would let the state save money, reduce crowding and tackle its dismal recidivism rate, which saw 70 percent of offenders return to prison within three years of release.\u003c/p>\n\u003cp>Leno, a San Francisco Democrat, carried the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB109\">663-page realignment bill\u003c/a> through the Senate, a proposal that Republicans opposed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I think we can all acknowledge we have a failed very expensive system currently,” Leno told lawmakers during a March 2011 debate. “For example, if someone has a drug or alcohol problem, currently when they fail parole, we send them back to state prison at a cost of about $50,000 a year. And guess what -- we’re not dealing with the problem. Locals, with the funding we will be providing, will be able to invest in a variety of different programs, to get to the core of the problem.”\u003c/p>\n\u003cp>The success of realignment \u003ca href=\"https://www.kqed.org/news/11108031/five-years-later-many-see-criminal-justice-realignment-as-success\">is still being debated\u003c/a>. But it's clear that the bill was just the beginning of a series of sweeping criminal justice reforms California would embrace over Brown’s two terms in office.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Where the candidates stand\u003c/h3>\n\u003cul>\n\u003cli>\"As governor, I will reverse the soft-on-crime laws of Jerry Brown and the California Democrats. Liberal laws like AB 109 and Propositions 47 and 57 have released thousands of criminals and sex offenders from jails and prisons and into our neighborhoods, feeding the explosion of homeless encampments, drug users and criminals in our neighborhoods.\"\u003cbr>\n\u003ccite>Travis Allen\u003c/cite>\u003c/li>\n\u003cli>\"As governor, I will help lead the difficult conversations that must happen between law enforcement and communities of color and emphasize a community-oriented approach to policing that builds stronger relationships and understanding.\"\u003cbr>\n\u003ccite>John Chiang\u003c/cite>\u003c/li>\n\u003cli>\"I'd take a very different approach than Jerry Brown's. On day one as governor I would act to end the sanctuary state law. I will also advocate for full repeal of Prop. 47 and AB 109 to remove the criminal element plaguing our streets.”\u003cbr>\n\u003ccite> John Cox\u003c/cite>\u003c/li>\n\u003cli>\"I believe strongly that our next governor should lead efforts to eliminate the discriminatory cash bail system and take on the private prison industrial complex. Bail bondsmen and the for-profit prison industry should have no place in California's future.\"\u003cbr>\n\u003ccite>Gavin Newsom\u003c/cite>\u003c/li>\n\u003cli>\"Research has made abundantly clear that investments in early care and education have significant impacts in improving educational outcomes. The school to prison pipeline must be broken. So I will continue to work on the path of reforming our criminal justice system.\"\u003cbr>\n\u003ccite>Antonio Villaraigosa\u003c/cite>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Some of the most far-reaching reforms came at the ballot box.\u003c/p>\n\u003cp>Voters \u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\">lowered most drug possession offenses\u003c/a> from felonies to misdemeanors, \u003ca href=\"https://www.sfgate.com/politics/article/Prop-36-Three-strikes-changes-approved-4014677.php\">softened the three strikes law\u003c/a>, legalized \u003ca href=\"http://time.com/4565438/california-marijuana-faq-rules-prop-64/\">marijuana\u003c/a> and embraced \u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\">sweeping parole changes\u003c/a> pushed by Brown.\u003c/p>\n\u003cp>In the Capitol, Brown signed dozens of laws reshaping criminal sentences, \u003ca href=\"https://www.dailynews.com/2017/10/19/revealing-rejections-jerry-browns-vetoes-are-a-window-into-his-mind/\">and vetoed bills\u003c/a> that would have created new crimes or increased sentences.\u003c/p>\n\u003cp>So what will a new governor mean for California and Brown’s criminal justice legacy?\u003c/p>\n\u003cp>A lot would change if a Republican won.\u003c/p>\n\u003cp>Businessman John Cox and state Assemblyman Travis Allen are both vowing to repeal most of Brown’s signature criminal justice reforms and others backed by voters, including \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\">Proposition 47\u003c/a>, the 2014 ballot measure that made some theft and most drug possession charges misdemeanors. That measure has helped reduce the populations in county jails, and allowed thousands of people with past relevant felonies to petition the courts to have their records cleared. Any changes would need to be approved by voters.\u003c/p>\n\u003cp>Critics blame Proposition 47 for the \u003ca href=\"https://openjustice.doj.ca.gov/crime-statistics/crimes-clearances\">slight increase\u003c/a> in property crimes seen statewide since 2014 and the \u003ca href=\"https://www.sfgate.com/crime/article/Property-crimes-violence-increases-in-San-12723981.php\">large spikes in some big cities\u003c/a>.\u003c/p>\n\u003cp>“I'd take a very different approach than Jerry Brown's,\" Cox said in a statement to KQED. \"On day one as governor I would act to end the sanctuary state law, I will also advocate for full repeal of Prop.47 and AB 109 to remove the criminal element plaguing our streets.\"\u003c/p>\n\u003cp>Allen went even further, promising to “reverse the soft-on-crime laws of Jerry Brown and the California Democrats,” including Brown’s \u003ca href=\"https://ballotpedia.org/California_Proposition_57,_Parole_for_Non-Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016)\">Proposition 57\u003c/a>, which made it easier for people who participate in rehabilitation programs to win their parole from prison.\u003c/p>\n\u003cp>Allen also vowed to return to a tougher three strikes law; voters embraced \u003ca href=\"https://www.sfgate.com/politics/article/3-strikes-law-revised-under-Prop-36-3930347.php\">changes to that law in 2012\u003c/a>. And, he called for repealing some of the state’s \u003ca href=\"http://www.latimes.com/politics/la-pol-ca-gun-bill-timeline-20171002-htmlstory.html\">tough gun control measures. \u003c/a>\u003c/p>\n\u003cp>“Liberal laws like AB 109 and Propositions 47 and 57 have released thousands of criminals and sex offenders from jails and prisons and into our neighborhoods, feeding the explosion of homeless encampments, drug users and criminals in our neighborhoods,” Allen said.\u003c/p>\n\u003cp>Of course, Republicans make up only about one-quarter of the electorate in California, making it far more likely that the next governor will be a Democrat.\u003c/p>\n\u003cp>If that’s the case, don’t expect a big shift on criminal justice, said Jessica Levinson, a law professor at Loyola Marymount in Los Angeles.\u003c/p>\n\u003cp>“What you see (among Democrats) is kind of a race to be the most reform-minded criminal justice proponent,” she said. “You hear a lot of talk from all of them about basically how we need to take preventative measures.”\u003c/p>\n\u003cp>Levinson said she doesn’t see much daylight among the three leading Democrats -- Lt. Gov. Gavin Newsom, state Treasurer John Chiang and former Los Angeles Mayor Antonio Villaraigosa.\u003c/p>\n\u003cp>But there are clearly some differences among the candidates.\u003c/p>\n\u003cfigure id=\"attachment_11669748\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11669748\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/GettyImages-693098880-1-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1020x684.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1200x805.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1920x1288.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-1180x791.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-960x644.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-240x161.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-375x252.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/05/GettyImages-693098880-1-520x349.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Former Los Angeles Mayor Antonio Villaraigosa \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Villaraigosa, for example, has tried to strike a middle path, saying he supports reforms and opposes the death penalty. In a statement to KQED, Villaraigosa noted that he long opposed the state’s draconian three strikes law, which voters approved in 1994.\u003c/p>\n\u003cp>“It has taken our country too long to recognize that the war on drugs and the politics of being tough on crime led to our country's crisis of mass incarceration,\" Villaraigosa said. \"Governor Brown and our state have taken important steps to reform our criminal justice system but much remains to be done. I will continue to work on the path of reforming our criminal justice system. As I have done throughout my career, I will continue to work on reducing incarceration levels, capital punishment and creating economic opportunities that address the root causes of crime and desperation.”\u003c/p>\n\u003cp>But Villaraigosa also has been critical of realignment and of \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\">a push to move away from California's money bail system\u003c/a>.\u003c/p>\n\u003cp>Those positions helped him \u003ca href=\"https://antonioforcalifornia.com/news/ca-police-chiefs-association-porac-antonio-villaraigosa/\">win the backing of several law enforcement groups\u003c/a>, including the Police Officers Research Association of California (PORAC), that have been among the most vocal critics of Brown’s criminal justice agenda. PORAC and others are backing a ballot measure to roll back some of the changes included in Propositions 47 and 57, an initiative those close to the governor see as an attack on his criminal justice accomplishments.\u003c/p>\n\u003cp>PORAC President Brian Marvel noted that Villaraigosa was once speaker of the state Assembly.\u003c/p>\n\u003cp>“Which shows that he has the ability to build coalitions, which I think are important. Coalition-building and getting support from a wide variety of interest groups is not easy,” said Marvel, adding that rank-and-file police groups represented by PORAC were often left out of discussions around criminal justice policy in recent years. His group believes Villaraigosa would include them.\u003c/p>\n\u003cp>Staking out a more progressive position is Newsom. He has embraced criminal justice reforms, pushing gun control and marijuana legalization at the ballot box and speaking out in favor of bail reform, which lawmakers are currently considering.\u003c/p>\n\u003cp>In a statement to KQED, Newsom said he would go even further than Brown, and took a swipe at Villaraigosa, who has accepted money from people in the bail industry.\u003c/p>\n\u003cfigure id=\"attachment_11657185\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11657185\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-800x535.jpg\" alt=\"\" width=\"800\" height=\"535\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-800x535.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-1020x682.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-1180x789.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-960x642.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-375x251.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/RS20460_GettyImages-583816238-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lt. Gov. Gavin Newsom. \u003ccite>(NICHOLAS KAMM/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I think the governor should be commended for his leadership fighting for sentencing reform, and, unlike my opponents, I was a vocal proponent for Brown's efforts at the ballot box,\" he said. \"But we can't stop there. I was proud to lead efforts to roll back the racist war on drugs, and unlike Antonio Villaraigosa, I believe strongly that our next governor should lead efforts to eliminate the discriminatory cash bail system and take on the private prison industrial complex. Bail bondsmen and the for-profit prison industry should have no place in California's future. \"\u003c/p>\n\u003cp>Brown hasn't weighed in on the governor's race. But Newsom's positions on criminal justice have won him the backing of those close to Brown, including Dana Williamson, a former aide and current political adviser to the governor.\u003c/p>\n\u003cp>“The lieutenant governor’s really the only candidate who has talked about criminal justice reform and embraced the concept that we should be rehabilitating people and, you know, giving them a chance to do better,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11652150\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11652150\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29585_Chiang-qut-800x450.jpg\" alt=\"State Treasurer John Chiang walks though the California Democratic Convention in San Diego.\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-1180x664.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-960x540.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-240x135.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-375x211.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29585_Chiang-qut-520x293.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">State Treasurer John Chiang walks though the California Democratic convention in San Diego. \u003ccite>(Katie Orr/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chiang hasn’t talked much about criminal justice on the campaign trail but laid out a middle-of-the-road approach to KQED, saying he supports bail reform and putting resources behind helping criminal offenders.\u003c/p>\n\u003cp>“As governor, I will help lead the difficult conversations that must happen between law enforcement and communities of color and emphasize a community-oriented approach to policing that builds stronger relationships and understanding,” he said. “At the same time, we need to fully fund our police departments so they can recruit the best officers and provide them with the kind of training they need to understand how to work and live with diverse communities.”\u003c/p>\n\u003cp>Former state Schools Superintendent Delaine Eastin has also\u003ca href=\"https://www.delaineforgovernor.com/her_vision#justice\"> staked out a very progressive position on criminal justice\u003c/a> but is trailing in polls.\u003c/p>\n\u003cp>While voters might be able to tease out candidates’ stances on policy, there are other, less discussed arenas of governing where Brown’s decisions have made a big impact. Brown has named a far \u003ca href=\"https://www.kqed.org/news/10869617/browns-judicial-appointments-reflect-shift-away-from-harsh-sentencing-policies\">more diverse set of judges\u003c/a> and parole board members than his predecessors, and allowed \u003ca href=\"http://www.kpbs.org/news/2014/mar/19/governor-brown-releasing-more-lifers/\">a record number of parole releases to go forward.\u003c/a>\u003c/p>\n\u003cp>“The appointments to the bench do have a very important, long-term effect,” said Kent Scheidegger, legal director of the conservative Criminal Justice Legal Foundation and a critic of Brown’s approach to criminal justice. “It's a gradual one that doesn't necessarily show up right away. But I think we are seeing California courts generally, and the California Supreme Court in particular, being more receptive to arguments made by defendants.”\u003c/p>\n\u003cp>Scheidegger said the governor's political power -- and fundraising strength -- have also had an impact. Brown has put his sizable war chest behind promoting changes at the ballot box like 2016’s Proposition 57.\u003c/p>\n\u003cp>That measure chipped away at a legacy from Brown’s first terms as governor that many blame for the prison overcrowding: determinate sentencing, which sets a fixed prison term at the time of conviction. Proposition 57 gave the parole board more discretion on when to release an inmate. Scheidegger opposed Proposition 57, and believes the governor is “fundamentally mistaken on a lot of sentencing issues.”\u003c/p>\n\u003cp>But criminal justice reform advocates like Lenore Anderson believe the changes of the last seven years are only the beginning. Anderson is director of Californians for Safety and Justice, which wrote Proposition 47.\u003c/p>\n\u003cp>“What's been so exciting to see in California over the last few years is the popularity of criminal justice reform being demonstrated at the ballot,” she said. “Realignment was enacted through the Legislature and at the time the common-sense thinking was that the public may not be ready for criminal justice reform. But what we found out through Prop. 47 and Prop. 57 is the reverse.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Anderson believes the next governor should tackle something that seemed impossible just seven years ago: closing state prisons and finally reducing the amount of money Californians spend on incarceration.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11669703/what-will-jerry-browns-departure-mean-for-criminal-justice-in-california","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_17627","news_22276","news_20191","news_19542","news_16","news_23202","news_30","news_592","news_20737","news_18418","news_765","news_17041","news_22379"],"featImg":"news_11669726","label":"news_72"},"news_11655202":{"type":"posts","id":"news_11655202","meta":{"index":"posts_1591205157","site":"news","id":"11655202","score":null,"sort":[1520956872000]},"guestAuthors":[],"slug":"governor-jerry-brown-prepares-to-protect-criminal-justice-reforms","title":"Gov. Jerry Brown Prepares to Protect Criminal Justice Reforms","publishDate":1520956872,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A fight is brewing in Sacramento over how to fix perceived shortcomings in a series of criminal justice reforms that were supported by Gov. Jerry Brown and approved by California voters in recent years.\u003c/p>\n\u003cp>On one side is a group that believes California has moved too far away from the tough-on-crime laws that proliferated here in the 1990s. They are pushing a\u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\" target=\"_blank\" rel=\"noopener\"> ballot measure\u003c/a> that would roll back many of the parole changes championed by Brown, expand DNA collection to include people convicted of misdemeanors, and increase penalties for people convicted of theft.\u003c/p>\n\u003cp>On the other side are the governor and criminal justice reform advocates, who say that ballot measure goes too far and are supporting a bill that aims to close what critics see as a loophole in one of the recent criminal justice ballot measures, Proposition 47.\u003c/p>\n\u003cp>Today, lawmakers in a public safety committee will consider that proposed law, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1065\" target=\"_blank\" rel=\"noopener\">Assembly Bill 1065\u003c/a>. It would create a new crime for organized retail theft, so people who are shoplifting as part of a theft ring and operating across different counties can be charged with a felony. It's a change that retailers, who are sponsoring the measure, have wanted for years.\u003c/p>\n\u003cp>\"As an industry we've seen increases in shoplifting and violence in our stores — it's a nationwide trend,\" said Bill Dombrowski, president of the California Retailers Association. \"We have wanted an organized retail crime statute in California for more than 10 years. So we're viewing this as an opportunity.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dombrowski won't blame Proposition 47, but critics say organized theft got worse after voters passed the ballot measure in 2014. It it best known for making most drug-possession charges misdemeanors instead of felonies. But it also increased the threshold for felony shoplifting and theft — from $450 to $950 — for the first time in decades. That means that people caught stealing goods worth less than $950 are now being charged with a misdemeanor in California, in some cases even if they do it again and again. AB 1065 would allow prosecutors to charge serial shoplifters as felons.\u003c/p>\n\u003cp>But supporters of a proposed ballot measure argue that AB 1065 doesn't go far enough. They include Democratic Assemblyman Jim Cooper of Elk Grove, a former police officer who is backing the competing ballot measure, which supporters have dubbed the Reducing Crime and Keeping California Safe Act of 2018.\u003c/p>\n\u003cp>They say Proposition 47's theft provisions aren't the only problem — that another ballot measure, authored by Brown, is letting dangerous criminals free. Proposition 57\u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\" target=\"_blank\" rel=\"noopener\"> made it easier for many felons to get paroled from state prison\u003c/a>, especially if they participated in rehabilitation programs behind bars.\u003c/p>\n\u003cp>Cooper recently \u003ca href=\"http://www.sacbee.com/opinion/op-ed/soapbox/article201464089.html\" target=\"_blank\" rel=\"noopener\">penned an op-ed in the Sacramento Bee\u003c/a>, arguing that there was a \"hidden flaw\" in Proposition 57.\u003c/p>\n\u003cp>\"While it promised to keep violent offenders in prison, the list of crimes considered violent under California law is remarkably short. The list doesn’t include raping an unconscious person, or pimping a child, or beating a spouse. Clearly, few voters knew this,\" Cooper wrote.\u003c/p>\n\u003cp>Uncharacteristically, the governor \u003ca href=\"http://www.sacbee.com/opinion/letters-to-the-editor/article202268219.html\" target=\"_blank\" rel=\"noopener\">hit back with a letter to the editor.\u003c/a>\u003c/p>\n\u003cp>\"Don’t be fooled by Assemblymember Jim Cooper’s latest ploy to scare Californians into supporting his cynical and deeply flawed ballot initiative, which would gut key provisions of Proposition 57 and other criminal justice reforms,\" Brown wrote.\u003c/p>\n\u003cp>The governor also expressed his support for AB 1065 in a written statement to KQED.\u003c/p>\n\u003cp>\"We support this legislation and think this is a measured approach to helping address concerns raised by the retail and grocery industries,\" the governor said.\u003c/p>\n\u003cp>The big question is what happens next with the ballot measure — particularly if AB 1065 passes. Running an initiative campaign in California is expensive, and Dombrowski said his retail group has no interest in backing the measure.\u003c/p>\n\u003cp>\"The proposed initiative would help us, probably, on the shoplifting side. It also contains a lot of other issues that (criminal) justice reform advocates would be very upset with,\" he said. \"I characterize it ... one-third of what we want but two-thirds of it is stuff we don't even want to touch. So as an industry, we're not participating in Cooper's initiative.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Backers of the measure \u003ca href=\"http://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1399447&session=2017&view=general\" target=\"_blank\" rel=\"noopener\">have about $107,000 in the bank\u003c/a>, most of it donated by grocery stores. Jerry Brown has nearly $15 million.\u003c/p>\n\n","blocks":[],"excerpt":"Criminal justice reform advocates, including Gov. Brown, are facing off with critics to defend the reforms of recent years.","status":"publish","parent":0,"modified":1526154038,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":750},"headData":{"title":"Gov. Jerry Brown Prepares to Protect Criminal Justice Reforms | KQED","description":"Criminal justice reform advocates, including Gov. Brown, are facing off with critics to defend the reforms of recent years.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11655202 https://ww2.kqed.org/news/?p=11655202","disqusUrl":"https://ww2.kqed.org/news/2018/03/13/governor-jerry-brown-prepares-to-protect-criminal-justice-reforms/","disqusTitle":"Gov. Jerry Brown Prepares to Protect Criminal Justice Reforms","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/03/CriminalJusticeReformLagos.mp3","path":"/news/11655202/governor-jerry-brown-prepares-to-protect-criminal-justice-reforms","audioDuration":123000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A fight is brewing in Sacramento over how to fix perceived shortcomings in a series of criminal justice reforms that were supported by Gov. Jerry Brown and approved by California voters in recent years.\u003c/p>\n\u003cp>On one side is a group that believes California has moved too far away from the tough-on-crime laws that proliferated here in the 1990s. They are pushing a\u003ca href=\"https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0044%20%28Reducing%20Crime%29.pdf\" target=\"_blank\" rel=\"noopener\"> ballot measure\u003c/a> that would roll back many of the parole changes championed by Brown, expand DNA collection to include people convicted of misdemeanors, and increase penalties for people convicted of theft.\u003c/p>\n\u003cp>On the other side are the governor and criminal justice reform advocates, who say that ballot measure goes too far and are supporting a bill that aims to close what critics see as a loophole in one of the recent criminal justice ballot measures, Proposition 47.\u003c/p>\n\u003cp>Today, lawmakers in a public safety committee will consider that proposed law, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1065\" target=\"_blank\" rel=\"noopener\">Assembly Bill 1065\u003c/a>. It would create a new crime for organized retail theft, so people who are shoplifting as part of a theft ring and operating across different counties can be charged with a felony. It's a change that retailers, who are sponsoring the measure, have wanted for years.\u003c/p>\n\u003cp>\"As an industry we've seen increases in shoplifting and violence in our stores — it's a nationwide trend,\" said Bill Dombrowski, president of the California Retailers Association. \"We have wanted an organized retail crime statute in California for more than 10 years. So we're viewing this as an opportunity.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dombrowski won't blame Proposition 47, but critics say organized theft got worse after voters passed the ballot measure in 2014. It it best known for making most drug-possession charges misdemeanors instead of felonies. But it also increased the threshold for felony shoplifting and theft — from $450 to $950 — for the first time in decades. That means that people caught stealing goods worth less than $950 are now being charged with a misdemeanor in California, in some cases even if they do it again and again. AB 1065 would allow prosecutors to charge serial shoplifters as felons.\u003c/p>\n\u003cp>But supporters of a proposed ballot measure argue that AB 1065 doesn't go far enough. They include Democratic Assemblyman Jim Cooper of Elk Grove, a former police officer who is backing the competing ballot measure, which supporters have dubbed the Reducing Crime and Keeping California Safe Act of 2018.\u003c/p>\n\u003cp>They say Proposition 47's theft provisions aren't the only problem — that another ballot measure, authored by Brown, is letting dangerous criminals free. Proposition 57\u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\" target=\"_blank\" rel=\"noopener\"> made it easier for many felons to get paroled from state prison\u003c/a>, especially if they participated in rehabilitation programs behind bars.\u003c/p>\n\u003cp>Cooper recently \u003ca href=\"http://www.sacbee.com/opinion/op-ed/soapbox/article201464089.html\" target=\"_blank\" rel=\"noopener\">penned an op-ed in the Sacramento Bee\u003c/a>, arguing that there was a \"hidden flaw\" in Proposition 57.\u003c/p>\n\u003cp>\"While it promised to keep violent offenders in prison, the list of crimes considered violent under California law is remarkably short. The list doesn’t include raping an unconscious person, or pimping a child, or beating a spouse. Clearly, few voters knew this,\" Cooper wrote.\u003c/p>\n\u003cp>Uncharacteristically, the governor \u003ca href=\"http://www.sacbee.com/opinion/letters-to-the-editor/article202268219.html\" target=\"_blank\" rel=\"noopener\">hit back with a letter to the editor.\u003c/a>\u003c/p>\n\u003cp>\"Don’t be fooled by Assemblymember Jim Cooper’s latest ploy to scare Californians into supporting his cynical and deeply flawed ballot initiative, which would gut key provisions of Proposition 57 and other criminal justice reforms,\" Brown wrote.\u003c/p>\n\u003cp>The governor also expressed his support for AB 1065 in a written statement to KQED.\u003c/p>\n\u003cp>\"We support this legislation and think this is a measured approach to helping address concerns raised by the retail and grocery industries,\" the governor said.\u003c/p>\n\u003cp>The big question is what happens next with the ballot measure — particularly if AB 1065 passes. Running an initiative campaign in California is expensive, and Dombrowski said his retail group has no interest in backing the measure.\u003c/p>\n\u003cp>\"The proposed initiative would help us, probably, on the shoplifting side. It also contains a lot of other issues that (criminal) justice reform advocates would be very upset with,\" he said. \"I characterize it ... one-third of what we want but two-thirds of it is stuff we don't even want to touch. So as an industry, we're not participating in Cooper's initiative.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Backers of the measure \u003ca href=\"http://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1399447&session=2017&view=general\" target=\"_blank\" rel=\"noopener\">have about $107,000 in the bank\u003c/a>, most of it donated by grocery stores. Jerry Brown has nearly $15 million.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11655202/governor-jerry-brown-prepares-to-protect-criminal-justice-reforms","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_2704","news_22276","news_20191","news_30","news_18502","news_18418","news_17286"],"featImg":"news_11655250","label":"news_72"},"news_11649307":{"type":"posts","id":"news_11649307","meta":{"index":"posts_1591205157","site":"news","id":"11649307","score":null,"sort":[1518312772000]},"guestAuthors":[],"slug":"judge-california-must-consider-early-parole-for-sex-offenders","title":"Judge: California Must Consider Early Parole for Sex Offenders","publishDate":1518312772,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>California must consider earlier parole for potentially thousands of sex offenders, maybe even those convicted of pimping children, a state judge said Friday.\u003c/p>\n\u003cp>Sacramento County Superior Court Judge Allen Sumner preliminarily ordered prison officials to rewrite part of the regulations for Proposition 57. The \u003ca href=\"https://ww2.kqed.org/news/2016/11/08/brown-early-parole-measure-passes-newsom-gun-control-initiative-leading/\" target=\"_blank\" rel=\"noopener\">2016 ballot measure\u003c/a> allows consideration of earlier parole for most state prison inmates, but Gov. Jerry Brown promised voters all sex offenders would be excluded.\u003c/p>\n\u003cp>That goes too far, Sumner said in rejecting Deputy Attorney General Maria Chan's argument that the ballot measure gave state officials broad discretion to exclude any class of offenders whose release might harm public safety.\u003c/p>\n\u003cp>\"If the voters had intended to exclude all registered sex offenders from early parole consideration under Proposition 57, they presumably would have said so,\" Sumner said.\u003c/p>\n\u003cp>He said the scope of exclusions should be narrowed to only those now serving time for a violent sex offense. And he said the Corrections Department must better define what falls into that category.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The judge said those who already served their time for a sex crime, even a violent one, and now are imprisoned for a different crime should be eligible for early release.\u003c/p>\n\u003cp>The language in Proposition 57 \"left way too much wiggle room,\" opening the door to Sumner's ruling, said Mark Zahner, chief executive of the California District Attorneys Association that opposed the initiative. \"There's a great danger of truly violent people being released early and people who commit, in this case, sex offenses that involve violence being released early.\"\u003c/p>\n\u003cfigure id=\"attachment_11649316\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut.jpg\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-800x543.jpg\" alt=\"Gov. Jerry Brown backed Proposition 57 as a way to reduce overcrowding in California prisons and reform the state's criminal justice system.\" width=\"800\" height=\"543\" class=\"size-medium wp-image-11649316\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-1180x801.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-960x652.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-240x163.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-375x254.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-520x353.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Gov. Jerry Brown backed Proposition 57 as a way to reduce overcrowding in California prisons and reform the state's criminal justice system. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The governor's office declined comment. Corrections spokeswoman Vicky Waters declined comment until after the judge's ruling is final and would not say if the state will appeal. She did not provide an estimate of how many offenders might be affected.\u003c/p>\n\u003cp>The ruling Friday could allow earlier parole for more than half of the 20,000 sex offenders now serving time, said Janice Bellucci, a Sacramento attorney and president of California Reform Sex Offender Laws. Her lawsuit on behalf of sex offenders argued that the rules conflict with the ballot measure's language and voters' intent in approving Proposition 57.\u003c/p>\n\u003cp>Bellucci argued the measure requires earlier parole consideration for any sex crime not on the state's narrow list of 23 violent felonies, which includes murder, kidnapping and forcible rape.\u003c/p>\n\u003cp>That could allow earlier parole for those convicted of raping a drugged or unconscious victim, intimately touching someone who is unlawfully restrained, incest, pimping a minor, indecent exposure and possessing child pornography.\u003c/p>\n\u003cp>[contextly_sidebar id=\"gJgYNxaPjGIXqxV2fRGbGsemXMCHP0bx\"]\u003c/p>\n\u003cp>The judge said corrections officials can make the case for excluding those offenders as they rewrite the regulations, but Bellucci said she will sue again if officials go too far.\u003c/p>\n\u003cp>\"Until they figure something else out, they have to consider anybody convicted of a nonviolent offense even if it was a sex offense,\" Bellucci said outside the courtroom. \"We believe we've won a battle, but the war continues.\"\u003c/p>\n\u003cp>The Chief Probation Officers of California, which supported Proposition 57, still believes the measure excluded sex offenders, Executive Director Karen Pank said.\u003c/p>\n\u003cp>\"We hope the issue will be more fully vetted on appeal,\" Pank said in a statement.\u003c/p>\n\u003cp>Opponents of the proposition had argued the language was so broad it could include sex offenders among those eligible for early release. They used the example of Brock Turner as someone who could benefit from a loose interpretation of violent crimes.\u003c/p>\n\u003cp>The former Stanford swimmer was convicted of sexually assaulting an unconscious woman outside a campus fraternity party. He served \u003ca href=\"https://ww2.kqed.org/news/2016/09/02/brock-turner-released-from-jail-after-three-months/\" target=\"_blank\" rel=\"noopener\">three months\u003c/a> of a six month sentence, which critics said was far too lenient.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Santa Clara County Judge Aaron Persky, who imposed Turner's sentence, is now facing a \u003ca href=\"https://ww2.kqed.org/news/2018/02/06/recall-of-judge-aaron-persky-approved-for-santa-clara-ballot/\" target=\"_blank\" rel=\"noopener\">recall election in June\u003c/a> over his handling of the case.\u003c/p>\n\n","blocks":[],"excerpt":"Gov. Jerry Brown said all sex offenders would be excluded from early parole under Proposition 57, but a judge says that is too broad.","status":"publish","parent":0,"modified":1518312772,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":657},"headData":{"title":"Judge: California Must Consider Early Parole for Sex Offenders | KQED","description":"Gov. Jerry Brown said all sex offenders would be excluded from early parole under Proposition 57, but a judge says that is too broad.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11649307 https://ww2.kqed.org/news/?p=11649307","disqusUrl":"https://ww2.kqed.org/news/2018/02/10/judge-california-must-consider-early-parole-for-sex-offenders/","disqusTitle":"Judge: California Must Consider Early Parole for Sex Offenders","source":"Associated Press","nprByline":"\u003cstrong>Don Thompson\u003cbr />Associated Press\u003c/strong>","path":"/news/11649307/judge-california-must-consider-early-parole-for-sex-offenders","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California must consider earlier parole for potentially thousands of sex offenders, maybe even those convicted of pimping children, a state judge said Friday.\u003c/p>\n\u003cp>Sacramento County Superior Court Judge Allen Sumner preliminarily ordered prison officials to rewrite part of the regulations for Proposition 57. The \u003ca href=\"https://ww2.kqed.org/news/2016/11/08/brown-early-parole-measure-passes-newsom-gun-control-initiative-leading/\" target=\"_blank\" rel=\"noopener\">2016 ballot measure\u003c/a> allows consideration of earlier parole for most state prison inmates, but Gov. Jerry Brown promised voters all sex offenders would be excluded.\u003c/p>\n\u003cp>That goes too far, Sumner said in rejecting Deputy Attorney General Maria Chan's argument that the ballot measure gave state officials broad discretion to exclude any class of offenders whose release might harm public safety.\u003c/p>\n\u003cp>\"If the voters had intended to exclude all registered sex offenders from early parole consideration under Proposition 57, they presumably would have said so,\" Sumner said.\u003c/p>\n\u003cp>He said the scope of exclusions should be narrowed to only those now serving time for a violent sex offense. And he said the Corrections Department must better define what falls into that category.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The judge said those who already served their time for a sex crime, even a violent one, and now are imprisoned for a different crime should be eligible for early release.\u003c/p>\n\u003cp>The language in Proposition 57 \"left way too much wiggle room,\" opening the door to Sumner's ruling, said Mark Zahner, chief executive of the California District Attorneys Association that opposed the initiative. \"There's a great danger of truly violent people being released early and people who commit, in this case, sex offenses that involve violence being released early.\"\u003c/p>\n\u003cfigure id=\"attachment_11649316\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut.jpg\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-800x543.jpg\" alt=\"Gov. Jerry Brown backed Proposition 57 as a way to reduce overcrowding in California prisons and reform the state's criminal justice system.\" width=\"800\" height=\"543\" class=\"size-medium wp-image-11649316\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-1180x801.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-960x652.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-240x163.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-375x254.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS25337_GettyImages-681991968-qut-520x353.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Gov. Jerry Brown backed Proposition 57 as a way to reduce overcrowding in California prisons and reform the state's criminal justice system. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The governor's office declined comment. Corrections spokeswoman Vicky Waters declined comment until after the judge's ruling is final and would not say if the state will appeal. She did not provide an estimate of how many offenders might be affected.\u003c/p>\n\u003cp>The ruling Friday could allow earlier parole for more than half of the 20,000 sex offenders now serving time, said Janice Bellucci, a Sacramento attorney and president of California Reform Sex Offender Laws. Her lawsuit on behalf of sex offenders argued that the rules conflict with the ballot measure's language and voters' intent in approving Proposition 57.\u003c/p>\n\u003cp>Bellucci argued the measure requires earlier parole consideration for any sex crime not on the state's narrow list of 23 violent felonies, which includes murder, kidnapping and forcible rape.\u003c/p>\n\u003cp>That could allow earlier parole for those convicted of raping a drugged or unconscious victim, intimately touching someone who is unlawfully restrained, incest, pimping a minor, indecent exposure and possessing child pornography.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The judge said corrections officials can make the case for excluding those offenders as they rewrite the regulations, but Bellucci said she will sue again if officials go too far.\u003c/p>\n\u003cp>\"Until they figure something else out, they have to consider anybody convicted of a nonviolent offense even if it was a sex offense,\" Bellucci said outside the courtroom. \"We believe we've won a battle, but the war continues.\"\u003c/p>\n\u003cp>The Chief Probation Officers of California, which supported Proposition 57, still believes the measure excluded sex offenders, Executive Director Karen Pank said.\u003c/p>\n\u003cp>\"We hope the issue will be more fully vetted on appeal,\" Pank said in a statement.\u003c/p>\n\u003cp>Opponents of the proposition had argued the language was so broad it could include sex offenders among those eligible for early release. They used the example of Brock Turner as someone who could benefit from a loose interpretation of violent crimes.\u003c/p>\n\u003cp>The former Stanford swimmer was convicted of sexually assaulting an unconscious woman outside a campus fraternity party. He served \u003ca href=\"https://ww2.kqed.org/news/2016/09/02/brock-turner-released-from-jail-after-three-months/\" target=\"_blank\" rel=\"noopener\">three months\u003c/a> of a six month sentence, which critics said was far too lenient.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Santa Clara County Judge Aaron Persky, who imposed Turner's sentence, is now facing a \u003ca href=\"https://ww2.kqed.org/news/2018/02/06/recall-of-judge-aaron-persky-approved-for-santa-clara-ballot/\" target=\"_blank\" rel=\"noopener\">recall election in June\u003c/a> over his handling of the case.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11649307/judge-california-must-consider-early-parole-for-sex-offenders","authors":["byline_news_11649307"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_22276","news_30","news_18418","news_17772","news_17286"],"featImg":"news_11649314","label":"source_news_11649307"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2023/08/possible-5gxfizEbKOJ-pbF5ASgxrs_.1400x1400.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2021/10/ATC_1400.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. 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We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. 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Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/01/OOW_Tile_Final.png","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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