Expand Mass Criminalization

Over the past 40+ years, the U.S. has developed perhaps the largest, and most expensive, system of mass criminalization and incarceration that has ever existed. In California, large numbers of social justice, legal, labor, faith, and other community organizations have come together to dismantle that system and replace it with more effective forms of community safety. Their efforts have been vigorously opposed by coalitions of law enforcement organizations, corporate advocacy groups, and large corporations.

Below are some of the key bills and ballot measures that have shaped policy in this area. Click on them to learn more about what they did, or could have done, and who supported and opposed them.

2008

This ballot measure sought to expand drug treatment programs for criminal offenders, increase prison and parole rehabilitation programs, and reduce penalties for certain marijuana possession crimes.

Spending in Support

$12.0M

Spending in Opposition

$6.0M

Results

Defeated 59%/41%

Supporters

Spent $12.0 million, with the biggest contributors being:

Bob Wilson

$4.4M

George Soros

$2.2M

Jacob Goldfield

$1.7M

John Sperling

$1.6M

Opponents

Spent $6.0 million, with the biggest contributors being:

Jerry Perenchio

$392K

Meg Whitman

$392K

California Republican Party

$373K

Sycuan Bank of the Kumeyaay Nation

$274K

Save Our Society from Drugs

$180K

California Beer & Beverages Distributors

$157K

2011-12

This bill allowed incarcerated persons who were under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without the possibility of parole (LWOP) to submit a petition for recall and re-sentencing.

Results

Passed Assembly 41-34

Passed Senate 21-17

Signed by Governor Brown

Supporters

A group of 80 youth justice, labor, legal, faith, social justice, higher education, and other organizations (as of 8/17/12).

Opponents

As of 8/17/12:

California Coalition of Law Enforcement Associations

California District Attorneys Association

California Narcotic Officers' Association

California Police Chiefs Association

Crime Victims Action Alliance

Crime Victims United of California

National Organization of Victims of Juvenile Lifers

Sacramento County District Attorney's Office

2012

This ballot measure would have abolished the death penalty and replaced it with a maximum life sentence without the opportunity for parole and allocated $100 million to law enforcement for rape and homicide investigations.

2014

This ballot measure classified certain drug possession and property offenses as misdemeanors instead of felonies, and reinvested the savings in mental health and drug treatment programs, K-12 schools, and services for crime victims.

2015-16

This bill required local law enforcement agencies to report data on racial and identity profiling to the Attorney General’s Office and established a Racial and Identity Profiling Advisory Board to analyze the data and issue a public report on it.

2016

This ballot measure would have abolished the death penalty and made life without the possibility of parole the maximum punishment for murder.

2016

This ballot measure increased parole and good behavior opportunities for nonviolent offenses and allowed judges, not prosecutors, to decide whether to try certain youth as adults in court.

2017-18

This bill sought to put additional restrictions on the use of deadly force by police officers.

2017-18

This bill would have established requirements that would have to be met before a law enforcement agency could acquire and use military equipment.

2019-20

This bill ordered the state’s Division of Juvenile Justice to be closed and for the Office of Youth and Community Restoration to be created.

2020

This ballot measure would have restricted parole for certain offenders and increased criminal penalties for certain theft and fraud offenses.

2021-22

This bill attempted to address the school-to-prison pipeline by eliminating criminal penalties for “willful disturbance” of a school or school meeting for students and granting a school principal discretion to report an incident to law enforcement if it does not include a firearm and weapon.

2024

This ballot measure reversed some of the changes made by Proposition 47 (see above) and increased criminal penalties for certain drug and theft offenses.

2025-26

This bill makes it a crime for a law enforcement officer to wear a facial covering in the performance of their duties.

2025-26

This bill would have allowed a court to grant pretrial diversion for certain felony offenses.

2015-2026

There have been numerous bills introduced just within the past decade to incrementally create or increase criminal penalties but, in the aggregate, substantially expand the mass criminalization and incarceration system, including: AB-2369 (2015-16), SB-1323 (2015-16), SB-513 (2017-18), AB-1065 (2017-18), SB-224 (2019-20), AB-1599 (2021-22), AB-2718 (2021-22), AB-2943 (2023-24), AB-1831 (2023-24), AB-1802 (2023-24), AB-1960 (2023-24), AB-1779 (2023-24), AB-1794 (2023-24), AB-1708 (2023-24), AB-2782 (2023-24), AB-3171 (2023-24), SB-982 (2023-24), SB-431 (2025-26), AB-433 (2025-26), and AB-468 (2025-26).

Where are we now?

There have been many significant victories in the fight to replace the mass criminalization and incarceration system with more strategic approaches. However, the past two decades have also made it apparent that law enforcement organizations have been granted dramatically outsized political power. Quite clearly, these law enforcement organizations are not content in merely enforcing the law; they insist on making the law. As a result of the combined power of these organizations alongside that of corporate advocacy groups and large corporations, the criminal legal system in California continues to be in desperate need of transformation:

  • According to the Sentencing Project, California has 438,997 people in prison, jail, or on probation or parole.
  • California has the 7th-worst Black/White incarceration disparity, and the 11th-worst Latino/White disparity, in the country.
  • 32% of prisoners in California have life sentences, compared to just 12% nationally.
  • About 195 people die each year from interactions with California law enforcement (Public Policy Institute of California).
  • Just in 2023, there were 14,444 civilian complaints against the police in California (Office of the Attorney General).
  • Despite the criminal legal system’s long track record of ineffectiveness, systemic racism, brutality, and misconduct, California cities and counties continue to funnel massive amounts of money into it (Social Movement Support Lab).
  • Meanwhile, non-police-centered community safety programs achieve more meaningful and authentic outcomes with a tiny fraction of the resources provided to police, prison, prosecutors, jails, and courts (Social Movement Support Lab).
Where are we now? Find out
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