An Initiative That Will Help Governor Brown Keep His Promise to Voters

By Michele Hanisee

In past blogs we have highlighted the changes which will be made by the “Reducing Crime and Keeping California Safe Act of 2018.” In recent weeks there have been several op/eds and other commentary by opponents; noteworthy is that they have substituted invective for argument instead of providing substantive criticisms of the specific changes the initiative will make to the law.

This blog begins the process of detailing specific changes to the Penal Code made by the initiative. We start with the initiative establishing in the Penal Code what constitutes a “violent” crime for purposes of early-release consideration. This change will allow Governor Brown and Prop 57 proponents to fulfill their promise to California voters that only “non-violent” inmates would be eligible for early release under Prop 57 by fixing the drafting error in Prop 57 which prevented that promise from coming true.

Listed below are the crimes currently considered “non-violent” under Prop 57 and which the initiative will reclassify as “violent,” thereby making inmates serving time in prison for these crimes ineligible for early release under Prop 57:

Every crime listed below is “violent: The Reducing Crime and Keeping California Safe Act initiative will ensure the law agrees.

1)    Solicitation to commit murder;
2)    Felony assault with a firearm in violation of subsections (a)(2) and (b) of Section 245;
3)    Felony assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245;
4)    Felony assault with a deadly weapon upon the person of a peace officer or firefighter in violation of subdivisions (c) and (d) of Section 245;
5)    Felony assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245;
6)    Assault with caustic chemicals in violation of Section 244;
7)    False imprisonment in violation of Section 210.5;
8)    Felony discharging a firearm in violation of Section 246;
9)    Discharge of a firearm from a motor vehicle in violation of subsection (c) of Section 26100;
10) Felony domestic violence resulting in a traumatic condition in violation of Section 273.5;
11) Felony use of force or threats against a witness or victim of a crime in violation of Section 140;
12) Felony resisting a peace officer causing death or serious injury in violation of Section 148.10;
13) A felony hate crime punishable pursuant to Section 422.7;
14) Felony elder or dependent adult abuse in violation of subdivision (b) of Section 368;
15) Rape of a person who is mentally or physically disabled, or who is unconscious, or who is prevented from resisting due to an intoxicating or anesthetic substance in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261;
16) Rape of a Spouse in violation of Section 262;
17) Sexual penetration of a person who is mentally or physically disabled, or who is unconscious, or who is prevented from resisting due to an intoxicating or anesthetic substance in violation of subdivision (b), (d) or (e) of Section 289;
18) Sodomy of a person who is mentally or physically disabled, or who is unconscious, or who is prevented from resisting due to an intoxicating or anesthetic substance in violation of subdivision (f), (g), or (i) ofSection 286;
19) Oral copulation of a person who is mentally or physically disabled, or who is unconscious, or who is prevented from resisting due to an intoxicating or anesthetic substance in violation of subdivision (f), (g), or (i) of Section 288a;
20) Abduction of a minor for purposes of prostitution in violation of Section 267;
21) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1;
22) Assault on a child by a caretaker using force likely to produce great bodily injury in violation of Section 273ab;
23) Possessing, exploding, or igniting a destructive device in violation of Section 18740;
24) Two or more violations of subsection (c) of Section 451;
25) Any attempt to commit an offense described in this subdivision;
26) Any felony in which it is pled and proven that the Defendant personally used a dangerous or deadly weapon;
27) Any offense resulting in lifetime sex offender registration pursuant to Sections 290 through 290.009.
28) Any conspiracy to commit an offense described in this Section

We eagerly wait for the apologists (or authors) of Prop 57 to provide specific reasons why any of these crimes should not be classified as “violent.” We know the victims of those crimes would consider them to be “violent” and we are confident the overwhelming majority of Californians will agree.

The initiative changes will ensure the law reflects this common understanding of what is a “violent” crime and help Prop 57 live up to its promise that only “non-violent” inmates would benefit from early release from prison.

Given that Governor Brown has stated that it was not the intent of Prop. 57 to let violent criminals out of jail early, we eagerly await his public endorsement of this ballot initiative.

Michele Hanisee is President of the Association of Los Angeles Deputy District Attorneys, the collective bargaining agent representing nearly 1,000 Deputy District Attorneys who work for the County of Los Angeles.