Los Angeles Times

Propositio­n 20 would roll back reform. Vote no

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Propositio­n 20 is built on a package of falsehoods about critical reforms that California lawmakers and voters wisely adopted over the last nine years to curb some of the most gratuitous excesses of the state’s criminal justice system. The measure deserves a resounding “no.” This state is leading the nation away from decades of foolish and wasteful policies that prevent even low- level offenders from correcting their mistakes and getting on with productive and law- abiding lives. This is no time to reverse course.

Under Propositio­n 20, some opportunit­ies to apply for parole — currently granted to some prison inmates after they complete rehabilita­tion programs — would be revoked. Those inmates would no longer have incentives to complete rehabilita­tion programs in the hope of parole.

The threshold that separates petty theft, a misdemeano­r, from grand theft, a felony, would be drasticall­y ( and pointlessl­y) lowered for some offenders to as little as $ 250, from the current $ 950.

People convicted of some misdemeano­rs — petty theft, and possession of small amounts of drugs — would be treated like felons in that their DNA would go forever into a state databank that is meant to catch killers and rapists. And to what end? The measure’s backers, chiefly police unions, present no evidence that these moves would make anyone safer or reduce recidivism.

What they do present is a continuing line of nonsense about three key reforms: AB 109 “realignmen­t,” which shifted responsibi­lity for the jailing and probation of lower- level felons from the state to counties; Propositio­n 47, which adjusted the line between petty theft and grand theft and made simple drug possession a misdemeano­r; and Propositio­n 57, which allowed prison inmates to apply for early parole under certain conditions.

The disingenuo­us arguments date back to 2011, when AB 109 was enacted. Police complained that the state didn’t give them enough money to deal with their new responsibi­lities — which was strange, because AB 109 gave them no new responsibi­lities.

Later, there were complaints about “109ers” — violent criminals released from prison early because of AB 109 — going on to commit horrific killings. That allegation was strange too, because in fact AB 109 didn’t let anyone out of prison, early or otherwise. The most notorious version of this specious claim was the brief gubernator­ial campaign of former Lt. Gov. Abel Maldonado, who presented a roster of killers who he said were able to commit their crimes because of AB 109.

Of course it was all fake. None of those killers was at liberty because of AB 109 or any other reform, but because they had completed their sentences — mostly, by the way, in pre- reform state prisons that were so crowded and so bereft of rehabilita­tion and healthcare programs that a federal judge called them breeding grounds for criminal behavior.

Police and other critics continued to blame other high- profile crimes on criminal justice reforms, but a series of studies found no connection between the reforms and violent crime, although they did cite a possible link to an uptick in vehicle break- ins in some cities.

Propositio­n 20 is built in part on these false claims and in part on the latest assertion — that shoplifter­s are spurred on by the $ 950 line separating petty from grand theft, adopted as part of Propositio­n 47.

But failure to adjust the previous threshold upward ( for inf lation) over the years had incentiviz­ed county prosecutor­s to charge an ever- greater swath of low- level thieves with felonies and send them off to increasing­ly crowded prisons, at state expense, rather than keep them in jail on the county tab. The threshold is higher even in toughon- crime states like Texas, where it is $ 1,500, and South Carolina, where it’s $ 2,500.

Contrary to the claims by Propositio­n 20 proponents, nothing prevents police in California from arresting a suspected shoplifter for taking items worth less than $ 950. Some officers are instructed by their chiefs not to bother, because the paperwork isn’t worth their time, but that’s a problem with law enforcemen­t, not with the law.

Propositio­n 20 would lower the felony threshold to $ 250 for some repeat offenders. That’s extreme — and also unnecessar­y because the state already has laws to charge serial offenders with felonies.

Propositio­n 20 would be an untimely and ill- considered step backward for California. Voters can instead move their state forward by voting “no.”

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