Proposition 9, also known as Marsy's Law or the “Victims' Rights and Protection Act of 2008,” seeks to expand the rights afforded to crime victims under the California Constitution by way of amending the document. The measure would guarantee restitution payment to victims of crimes where a loss has occurred and would make the disbursement of administrative fines to victims a first priority before going to other funds. The initiative would restrict the early release of inmates and change the current timelines and procedures for granting and revoking parole – reducing the number of parole hearings for criminals with life sentences, and providing earlier notice to victim's families concerning parole hearings. Judges would be required to consider the safety of victims and their family’s before issuing bail or release on parole. The measure would ensure that all victims receive written notification of their constitutional rights.
A “Yes” vote means that victim's rights will receive higher consideration including mandatory restitution and longer prison terms.
- Prop. 9 guarantees victims of crime the right to justice and due process under law, protections already afforded dangerous criminals. Law abiding citizens deserve equal rights with those of criminals.
- Requires that judges make bail decisions for accused criminals by considering the safety of crime victims and their families first
- Mandates that crime victims be notified if their offender is released
- Requires that victims be notified and be allowed to participate in critical proceedings related to the crime, including bail, plea bargain, sentencing, and parole hearings
- Gives victims a constitutional right to prevent release of their personal confidential information or records to criminal defendants
- Allows parole judges to increase the term of years between parole hearings.
- Prevents the early release of convicted criminal by politicians to relieve prison overcrowding
- It is endorsed by public safety leaders, victims’ advocates, taxpayers, and working families.
A “No” vote means that current laws would remain the same.
- Prop. 9 is a misleading proposition that plays on voters emotions. The amendment would re-write how California operates its state prisons and local jails, worsening the overcrowding plaguing the system
- Prop. 9 is an unnecessary initiative. Many of its components were approved by voters on the 1982 ballot with the passage of Proposition 8, or the “Victims’ Bill of Rights”
- Any laws pertaining to prisoners or parole sought to be made in Prop. 9 are subject to federal challenges.
- Supporting Prop. 9 would mean potentially cutting funding to education, healthcare, and services for the poor and elderly.
- There is a potential “for increased county jail operating costs that could collectively amount to hundreds of millions of dollars annually, due to restricting the early release of inmates to reduce facility overcrowding,” according to the nonpartisan State Analyst’s Office.
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