Criminal Justice Measures on the 2004 Ballot

Criminal Justice Measures on the 2004 Ballot

November 17, 2004

Background

Most crimes fall under the jurisdiction of states, making criminal justice an important perennial issue before state legislatures and a significant function and expenditure item for state and local governments. Criminal justice measures end up on state ballots less often than they are dealt with in state legislatures. They are occasional topics of the initiative process, and at times legislatures refer constitutional amendments dealing with criminal justice issues to the voters.

What’s on the ballot this year?

This year there are six criminal justice measures on the ballot. Four measures in Hawaii pertain to sexual assault crimes, the rights of crime victims, public access to sex offender information, and felony prosecutions. In California, the two initiatives on the ballot deal with felon DNA sampling and the amendments to the “Three Strikes” law.

2004 Criminal Justice Ballot Measures
State	Measure Number	Topic	Pass/Fail
California	Proposition 66	Amend 3-Strikes Law	Failed (46.8%)
California	Proposition 69	Felon DNA Sampling	Passed (61.9%)
Hawaii	Amendment 1	Sexual Assault Crimes	Passed (65.6%)
Hawaii	Amendment 2	Access to Sex Offender Information	Passed (71.8%)
Hawaii	Amendment 3	Victims’ Rights	Passed (53.2%)
Hawaii	Amendment 4	Felony Prosecutions	Passed (56.0%)

Source: National Conference of State Legislatures, October 2004

How does this compare to previous years?

In 2002, 15 measures related to criminal justice appeared on statewide ballots. Voters in Arizona passed a measure mandating treatment and/or probation instead of jail time for first-time drug offenders.
2000 was an active year for criminal justice measures, with 17 on statewide ballots. Several notable measures passed. California voters passed several criminal justice measures in 2000, including one tightening punishments for juvenile offenders and another mandating treatment in lieu of incarceration for nonviolent drug offenders. Colorado and Oregon voters passed measures requiring background checks for purchases at gun shows.
In 1998, 25 criminal justice measures appeared on statewide ballots. Those that passed included a gun control measure in Florida, prison and victims’ rights measures in Tennessee, and a measure prohibiting convicted felons from voting or holding office in Utah.

State-by-State Summaries of 2004 Criminal Justice Measures

California

California has two criminal justice initiatives on the ballot this year, Propositions 66 and 69, dealing with the so-called “Three Strikes’ law and DNA sampling.

In 1994, California passed Proposition 184, the so-called “Three Strikes” initiative. The law increased sentences for repeat violators of felony crimes. This year, Proposition 66 seeks to amend the three-strikes law. It would:

Require that only those convicted of serious or violent felonies receive stiffer sentencing.
Redefine what constitutes a serious or violent felony.
Allow those convicted under Proposition 184 to be re-sentenced if their prior felony charges do not fit the new definition of serious or violent felony.
Increase punishments for certain sex crimes.

Proposition 69 would require the collection of DNA samples from all convicted adult and juvenile felons and people convicted of certain other crimes (such as sex offenses and arson), and the submission of that DNA to a statewide database. After five years, the program will expand to include any adult arrested for or charged with any felony. Current California law requires all serious felony offenders to provide blood samples for the extraction of DNA; Proposition 69 expands the current collection of DNA.

Hawaii

Hawaii has four criminal just measures on the ballot this year. Amendment 1 would allow the legislature to define what constitutes a “continuing course of conduct” in sex assault crimes. Amendment 2 guarantees public access to registration information pertaining to sex offenders. Amendment 3 states that victims cannot be compelled to divulge confidential communications between victim’s physician, psychologists, or other health professional. Finally, Amendment 4 will permit felony prosecution if “written information” is provided by the District Attorney or Attorney General. Currently, a felony prosecution may be initiated only by a grand jury indictment or a preliminary hearing with a finding of probable cause.

For more information

For more information on ballot measures, contact Jennie Drage Bowser in NCSL’s Legislative Management Program.

For more information on criminal justice, visit NCSL’s Criminal Justice web page.