Passage of Prop. 57 increases concern about crime

California Assemblywoman Melissa Melendez is among those concerned about the passage of Prop. 57. Menifee 24/7 photo: Doug Spoon

Did the people of California fail to realize what they were voting for when they cast their ballots regarding Prop. 57?

That's the question many are asking after the legislation was voted into law on Nov. 8.

Police logs across the state are filled with entries about arrests of criminals who previously served shorter than normal sentences or were under less post-release supervision because of Prop. 47 and AB 109. Prop. 47, passed by the voters in 2014, reclassified "non-serious, nonviolent crimes" as misdemeanors rather than felonies, resulting in shorter sentences for criminals. That followed Assembly Bill, 109, signed by Gov. Brown in 2011, which transferred responsibility for many criminals from state prisons to the county level for incarceration and supervision.

Now comes Prop. 57, which critics say goes even further in allowing more criminals back on the streets. Given the public outcry in Menifee, across Riverside County and throughout the state about reduced treatment of criminals and increasing crime, why would voters approve Prop. 57?

At least one local legislator believes there was confusion about the consequences of Prop. 57 because of the way it was worded on the ballot.

According to the ballot language, Prop. 57 "allows parole consideration for nonviolent felons. Authorizes sentence credits for rehabilitation, good behavior, and education." The problem, says Assemblywoman Melissa Melendez (R-Lake Elsinore), is the lack of public understanding about the definition of "nonviolent felons."

She points to the California Penal Code, which lists many crimes defined as "nonviolent" that will make criminals eligible for early release under Prop. 57, legislation supported by Gov. Brown. They include:

-- Rape by intoxicating substance or where the victim is unconscious or legally incapable of giving consent.

-- Assault with a deadly weapon.

-- Firing a weapon at an occupied building for vehicle.

-- Arson.

"Unfortunately, he (Brown) didn’t really clarify in the proposition that people who commit rape fall into this category," Melendez said. "When questions were raised about the interpretation of nonviolent crimes as it relates to rape, he basically said, 'Just pass it and we’ll deal with it later.'

"People have a right to be upset about this. They should be. We tried to sound the alarm on this. Unfortunately, the mainstream media didn’t really do us any favors. When they would tell the story, they would always point out that it’s for nonviolent offenses. Well, I don’t know of any type of rape that occurs that is nonviolent – whether you’re passed out or not. If you are taking advantage of someone else’s body without their consent, what else would you call it?"

A CBS Sacramento report on the subject includes sharp criticism of Prop. 57 by Jaycee Dugard, who was held hostage for 18 years and repeatedly raped by Philip Garrido, who will be eligible for parole after 17 years.

"Survivors like me should not have to worry when and if their rapist and/or their captor will get out," Dugard was quoted as saying in the report.

Discussion over the interpretation of nonviolent crimes as they relate to Prop. 57 is likely to continue for some time. Gov. Brown said in a statement that critics of the legislation are misinterpreting its impact.

"The opposition is either misinformed or deliberately trying to scare voters with falsehoods," Brown said before the election. "The fact is, sex offenders will be absolutely ineligible for parole under Prop 57.

"Only very carefully screened nonviolent offenders who have completed their primary sentence will be allowed to apply for parole before a board of retired law enforcement professionals who will reject the parole of anyone who is a risk to public safety."

That doesn't make Melendez -- or the many others opposed to Prop. 57 -- feel any better.

"Under the penal code, it is very specific," Melendez said. "By its own title in the penal code, it (rape) is considered a nonviolent felony. It’s still rape, but it’s a nonviolent felony. I’m sorry, but he (Brown) has a team of people who can craft this proposition. I can’t help but think he knew what was going to happen and he chose to do nothing about it.

"It is going to be worse. It’s always been worse since Prop 47. Law enforcement has already reported the facts that they have seen an increase of these types of crimes. People should be concerned. But California voters passed it."