Lessons in Youth Crime Measure

Proposition 21, the Juvenile Crime Initiative, won by a decisive 62% Tuesday, though it’s unclear whether voters knew precisely what they were passing into law. One of its key provisions, requiring that some juvenile offenders be incarcerated in adult prisons, doesn’t appear until Page 41 of its highly technical text. Moreover, not all Californians were looking at the same summaries of the initiative because state officials in 1998 allowed counties to use either 25-word or 35-word summaries of measures on their ballot cards.

A recent Field poll found that opinions on Proposition 21 differed based on whether those surveyed were read the shorter or the longer, more provocative summary. Only 30% of respondents supported Proposition 21 after hearing the shorter description, which described the measure as “changing trial procedures” to punish juvenile felony offenders more toughly. But support for Proposition 21 shot up to 55% when respondents were read the 35-word description, which says the measure would increase punishments for “gang-related felonies such as home invasion robbery, carjacking, witness intimidation and drive-by shootings.”

Proposition 21 won statewide, even in most of the counties that used the supposedly off-putting shorter description. Nevertheless, the Field poll is a reminder that the precise wording of ballot summaries can be influential, especially for measures as complex as Proposition 21.

All voters should be provided with the same descriptions of ballot measures; that is something the Legislature can and should correct.

Proposition 21 also presents state leaders with a second challenge. The measure’s most active proponent, Assemblyman Rod Pacheco (R-Riverside), acknowledges that if prosecutors are to use their newfound authority wisely, they need not only the punitive measures allowed by Proposition 21 but also juvenile crime treatment and prevention programs. The measure does not fund such programs.

The Legislature can remedy the lack of funding by passing bills like one recently introduced by Assemblyman Tony Cardenas (D-Sylmar) that would provide $15 million for community-based gang prevention programs with a record of success. The nonpartisan legislative analyst says Proposition 21 might cost taxpayers $5 billion to build and operate new jails and prisons. That makes $15 million for prevention a very worthwhile investment.