By Ali Winston

On November 4, California voters will decide on two crucial law and order ballot measures – Propositions 6 and 9.

Proposition 6, or the Runner Initiative, would divert money from California’s general fund to the justice system, including the state’s troubled prison system. Prop 6 would increase penalties for drug-related crimes and also allow prosecutors to petition courts to try juveniles as young as 14 adults if they are involved in “gang-related” felonies. Local authorities would also be required to check the citizenship status of anyone arrested, booked or convicted of a crime.

Proposition 9, or the Victims Rights and Protections Act, is billed as a victims-rights initiative that would increase restitution payments from offenders to victims and notify victims’ relatives about all public criminal hearings concerning the offender. It would also extend the time between parole hearings from five to 15 years.

The fiscal impact of Prop. 9 is unknown, according to the state Legislative Analyst’s Office. Prop. 6 would divert $1 billion annually from the state general fund to prisons and law enforcement.

Supporters of Prop. 6 say a rise in gang-related crime over the past few years necessitates a hard-line response. “The California legislature has been hesitant to pass legislation that deals with the myriad problems associated with gang crime and violence,” said Yes on 6 spokesperson Jana Saastad.

A raft of law enforcement agencies support Prop 6., including the California State Sheriffs’ Association, the California District Attorneys Association and the California Corrections Peace Officers’ Association.

Opponents argue that Prop. 6 is a costly drain on public resources when California faces a $17 billion budget gap and would only exacerbate prison overcrowding.

“At this time, what we need to be doing is spending more money on education, children and investing in our communities,” said Natasha Minsker, a policy director at the Northern California affiliate of the American Civil Liberties Union. “We’ve been trying these tough-on-crime approaches for 30 years, and they’re not working.”

In the East Bay, Sagnitche Salazar, an organizer with Huaxtec, says approving Prop. 6 would escalate the Oakland Police Department’s presence in minority neighborhoods. “They automatically target young people,” Salazar said. “If Prop. 6 were to pass, it would be that times 10.”

Salazar is also concerned about the immigration reporting requirement. Oakland is officially a “city of refuge” for immigrants, as per a 1986 City Council resolution that was reaffirmed last year. The measure directs city officials not to cooperate with federal immigration investigations, detention, or arrest procedures. Requiring police to check on immigration status, Salazar says, would create a climate of fear and increase distrust of the police.

Paul, a 17-year-old art student at Oakland’s East Side Cultural Center, is fearful of Prop. 6’s impact on young people. “If you get caught writing graffiti, you can get charged as a gang member,” the San Leandro resident said. Paul writes graffiti, and like many writers, wants nothing to do with gangs. Furthermore, the idea of locking up juveniles in California’s overcrowded, dangerous prisons strikes him as madness. “That’s big boys in there, that’s no joke,” he said. “Some people that are 18, 20, 25 don’t make it through there.”

Like the Runner Initiative, Prop. 9 is a tough-on-crime measure that has seen support in law-and-order circles. Proponents say it will give victims’ families additional protections and a greater role in all legal and administrative proceedings.

“Victims deserve equal rights in our justice system,” said Laura Power-Dixon, campaign manage for Yes on Prop. 9. If passed, Power-Dixon says, Prop. 9 would give crime victims “enforceable rights throughout the entire criminal justice process.”

Opponents say Prop. 9 duplicates existing measures already adopted by 1982’s Prop. 8. Furthermore, reducing early release of criminals who would otherwise be eligible for parole could cost the state millions – it currently costs $46,000 to incarcerate one person for a year.

“Why do people keep going to prison? Because they’re not educated,” said Kijani Tafari, the director of Bay Area Police Watch. “We should funnel money into schools instead of prisons.”

Both propositions are sponsored by Orange County billionaire and former Broadcom CEO Henry T. Nichols, who donated millions to get them on the ballot. Nichols is the brother of murder victim Marsalee Nichols – Prop. 9 is also known as “Marsy’s Law.” In June, the FBI filed a 21-count indictment against Nichols for fraud, conspiracy, and assorted drug charges. The agency alleges he distributed methamphetamines and cocaine from several of his residences, supplied clients with prostitutes and spiked the drinks of other Broadcom executives with ecstasy.

Last 5 posts by Ali Winston

• Suits highlight legacy of distrust for Oakland police - November 25th, 2008
• Scenes from the Registrar - November 4th, 2008
• Measure NN falls short of required votes - November 2nd, 2008
• Narc cops lied to judge, suit claims - October 30th, 2008
• City Council gets earful on police shooting - October 22nd, 2008