Victims' Rights and Protection Act of 2008

Everyday I research what is being said about proposition 6 in an effort to gain a grasp of what the major issues with this proposition are. What I noticed is that often, when proposition 6 is discusses, so is proposition 9. This makes sense since proposition 9 addresses victims rights from crimes as well as the early release of inmates.

Since this proposition also aims to make changes in the criminal justice system, I thought further understanding this bill would be appropriate.

In 1982 when California approved proposition 8. Proposition 8 is known as the Victims’ Bill of Rights which contains much of what California currently abides by. Because of Prop 8, victims are notified, are allowed to attend sentencing and parole hearings. Victims currently have the right to obtain a “judicial order of protection from harassment by a criminal defendant.”

The following are the modifications proposition 9 will tackle.
Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole.
Establishes victim safety as consideration in determining bail or release on parole.
Increases the number of people permitted to attend and testify on behalf of victims at parole hearings.
Reduces the number of parole hearings to which prisoners are entitled.
Requires that victims receive written notification of their constitutional rights.
Establishes timelines and procedures concerning parole revocation hearings.
(Taken directly from the California General Election website)

Under proposition 9, convicted criminals would be required to fulfill jail time without early release. While this does not usually occur in state prisons, it is not uncommon in county jails. Proposition 9 would thus require more money for the construction of county jails.

The costs are not yet determined, however, since prisoners would not be released early, and because of the extended role of victims, significant increased spending is expected.

The proposition also limits parole hearings by extending the time between hearing from one and five years to three and fifteen years. The proposition also further extends the participation of victims in all steps of the parts of the judicial process. So while victims and their family would be given allotted more participation in parole hearings, inmates would be limited to two persons who could testify on their behalf.

Center of Governmental Studies info video on Prop 9



Infor from California General Election
Official Voter Information
http://www.voterguide.sos.ca.gov/analysis/prop9-analysis.htm