 | |||||||||||||
| |||||||||||||
Parole Eligibility for Crimes of Violence | |||||||||||||
| Results | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| |||||||||||||
| |||||||||||||
| Elections in Colorado |
|---|
 |
2024 Colorado Proposition 128 was a successful ballot measure that appeared before voters during the 2024 general election in Colorado. The measure requires anyone convicted of a violent felony offense to serve 85% of their sentence before being eligible for parole or any sentence reductions for good behavior. [1]
Prior to the passage of Proposition 128, people convicted of violent felonies, including murder, assault, kidnapping, arson, burglary, and robbery, were required to serve a minimum of 75% of their sentence before becoming eligible for parole. Proposition 128 raised that requirement from 75% to 85%. Additionally, it bars inmates convicted of violent felonies from having their sentences reduced for good behavior until they've served at least 85% of said sentence. The proposition also requires anyone convicted of a violent felony three times to serve the full duration of their sentence.
Proposition 128 was referred to the ballot by citizen initiated petition. The petitioning and campaigning for the measure are being led by the conservative group Advance Colorado, who also backed Amendment 80 and Proposition 130. Roughly 220 people per year are convicted of a violent felony in Colorado, serving an average of 23 years in prison. As Proposition 128 is likely to increase the amount of time spent in prison for these felons, it is estimated to cost between $12 million and $28 million per year. [2]
The proposition appeared on the ballot as follows: [3]
Shall there be a change to the Colorado Revised Statutes concerning parole eligibility for an offender convicted of certain crimes, and, in connection therewith, requiring an offender who is convicted of second degree murder; first degree assault; class 2 felony kidnapping; sexual assault; first degree arson; first degree burglary; or aggravated robbery committed on or after January 1, 2025, to serve 85 percent of the sentence imposed before being eligible for parole, and requiring an offender convicted of any such crime committed on or after January 1, 2025, who was previously convicted of any two crimes of violence, not just those crimes enumerated in this measure, to serve the full sentence imposed before beginning to serve parole?
There was no major organized campaign in favor of Proposition 128, though petitioning for the measure was led by the group Advance Colorado. The state's official voter guide also offered the arguments in favor of the measure that it would increase public safety and ensure that justice is served for victims of violent crimes.
Opposition to Proposition 128 was led by the group Coloradans For Smart Justice [6] The official Colorado voter guide also offered the argument against the measure that it removes rehabilitation opportunities for inmates and would increase prison costs without reducing crime rates.
Proposition 128 required a simple majority to pass. It did so with 62% of voters supporting the measure. [9]
| Choice | Votes | % |
|---|---|---|
 Yes | 1,869,231 | 62.11 |
| No | 1,140,284 | 37.89 |
| Total votes | 3,009,515 | 100.00 |
Disfranchisement, also disenfranchisement or voter disqualification, is the restriction of suffrage of a person or group of people, or a practice that has the effect of preventing someone from exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community, or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. High barriers to entry to the political competition can disenfranchise political movements.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
Felony petty theft is the colloquial term for a statute in the California Penal Code that makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had previously been convicted of a theft-related crime at any time in the past. The technical name for the charge is petty theft with a prior.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
California Proposition 21, known also as Prop 21, was a proposition proposed and passed in 2000 that increased a variety of criminal penalties for crimes committed by youth and incorporated many youth offenders into the adult criminal justice system. Major provisions of the proposition, as summarized by Attorney General of California are:
Electoral reform in Alabama refers to the efforts made to change the voting laws in the Yellowhammer State. In 2006, HB 711 was introduced to use preferential ballots for overseas military voters. It was passed by the Alabama House of Representatives. In March 2007, the 11th Circuit Court of Appeals heard arguments as to whether Alabama election law unfairly restricts third-party and independent candidates from the state ballot. Candidates are required to collect signatures from 3% of the total number of voters who voted in the previous gubernatorial election in order to gain ballot access. Ordinarily, such candidates would gather signatures at the polling place at the party primary, but Alabama made it more difficult by moving the deadline for signature turn-in to the date of the primary. Alabama ranks third nationally in disenfranchising formerly incarcerated citizens. One out of every 14 Alabama residents is disenfranchised. To regain the right to vote, individuals convicted of crimes of “moral turpitude” that have completed a felony sentence must apply to the Alabama Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote. As soon as you apply for a Pardon you automatically receive the right to vote back. This is the new rule of law and was passed through the House and the Senate due to voter disenfranchisement. In 2007, HB 192 was introduced to join the National Popular Vote Interstate Compact, but it failed in the Constitution & Elections committee.
California Proposition 6, also known as the Safe Neighborhoods Act and The Runner Initiative, is a statutory initiative that appeared on the November 2008 ballot in California. This proposition was rejected by voters on November 4 of that year.
California Proposition 5, or the Nonviolent Offender Rehabilitation Act was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California. It was disapproved by voters on November 4 of that year.
Oregon Ballot Measure 61 was an initiated state statute ballot measure that enacted law to create mandatory minimum prison sentences for certain theft, identity theft, forgery, drug, and burglary crimes.
Proposition 66 was a California ballot proposition on the November 2, 2004 ballot. It was a proposed amendment to the California three-strikes law. Prop 66 would have required the third felony charge against a suspect to be especially violent and/or serious crimes to mandate a 25-years-to-life sentence. It also would have changed the definition of some felonies. It was rejected by voters, with 52.7% voting against the proposition.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews.
Proposition 36, also titled A Change in the "Three Strikes Law" Initiative, was a California ballot measure that was passed in November 2012 to modify California's Three Strikes Law. The latter law punishes habitual offenders by establishing sentence escalation for crimes that were classified as "strikes", and requires a mandatory minimum sentence of 25 to life for a "third-strike offense."
In the United States, a person may have their voting rights suspended or withdrawn due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation. Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense. In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens. As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.
Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.
Proposition 57 was an initiated California ballot proposition, approved on the November 8, 2016 ballot. The Proposition allows parole consideration for nonviolent felons, changes policies on juvenile prosecution, and authorizes sentence credits for rehabilitation, good behavior, and education.
The California state elections in 2020 were held on Tuesday, November 3, 2020. Unlike previous election cycles, the primary elections were held on Super Tuesday, March 3, 2020.
The 2020 California Proposition 17 is a ballot measure that appeared on the ballot in the 2020 California elections on November 3. Prop 17 amended the Constitution of California to allow people who are on parole to vote. Due to the passage of this proposition, more than 50,000 people in California who are currently on parole and have completed their prison sentence are now eligible to vote and to run for public office. This proposition also provides that all those on parole in the future will be allowed to vote and run for public office as well. The work of Proposition 17 comes out of a history of addressing felony disenfranchisement in the United States. California voters approved this measured by a margin of roughly 18 percentage points.
California Proposition 20 was a proposed initiated state statute on the ballot in the 2020 California elections. This initiative would have added more crimes to the list of non-violent felonies for which early parole is restricted, and would have required DNA collection for certain misdemeanors.
