Initiative to Reduce Prison Crowding Cleared by State Supreme Court

A criminal justice reform initiative proposed by Gov. Jerry Brown appears headed for the state ballot in November following a decision by the California Supreme Court in San Francisco Monday.

The measure was originally proposed by Brown in December as a juvenile justice measure, but was amended by the governor in January to include making some nonviolent inmates eligible for early parole as a way to reduce prison overcrowding.

The California District Attorneys Association claimed the amendments were so substantial that the initiative should not be allowed on the ballot.

The prosecutors argued that instead, the proponents should be required to propose a new initiative and start over in gathering signatures.

But the high court ruled by a 6-1 vote that the changes were allowed under a 2014 state law that requires initiative amendments to be "reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed."

Justice Carol Corrigan wrote in the majority opinion that the changes were "quite extensive," but nevertheless met the standard of being reasonably germane.

She wrote that in passing the 2014 law, "the Legislature indicated its intent to allow substantial changes by proponents" in initiatives.

Signatures are now being counted to determine whether the initiative, a proposed state constitutional amendment, will qualify for the November ballot.

In the area of juvenile justice, the initiative would transfer the responsibility for deciding whether juveniles should be tried as adults from prosecutors to judges.

--Bay City News; Image via Shutterstock