State Propositions

Several statewide propositions are on the ballot during the general election in November. CAIR-CA has taken an official position on two propositions.

1. Proposition 6: Remove Involuntary Servitude as Punishment for Crime Amendment

Summary: This proposition prohibits the Department of Corrections and Rehabilitation from punishing any incarcerated person for refusing a work assignment. It removes language from the California Constitution explicitly allowing involuntary servitude as punishment for a crime. It does not prohibit any credits to an incarcerated person who voluntarily accepts a work assignment.

What Your Vote Means: A “yes” vote supports amending the state constitution to prohibit involuntary servitude as well as slavery as punishment for a crime.

A “no” vote opposes amending the state constitution to prohibit slavery and involuntary servitude as punishment for a crime.

Rationale for CAIR-CA’s Position

CAIR-CA supports Proposition 6 because it aligns with principles of social justice and human dignity that are core to its mission. Here are several reasons:

  • • Islamic Values of Justice: Involuntary servitude and slavery are contrary to the Islamic values of justice, dignity, and fairness. Supporting Proposition 6 would be a way for CAIR-CA to promote these values in the legal system by ensuring that incarcerated individuals are treated with dignity and are not forced into labor without consent.
  • • Human Rights Advocacy: As an organization dedicated to protecting civil rights, CAIR-CA has a history of advocating for marginalized communities, including incarcerated populations. This proposition seeks to eliminate an outdated and unjust practice that disproportionately impacts minority and disadvantaged groups. Supporting the proposition aligns with CAIR-CA’s broader goal of advancing human rights.
  • • Criminal Justice Reform: The prison system disproportionately impacts communities of color. Ending the practice of involuntary servitude as punishment for a crime is a step toward criminal justice reform. This would also align with CAIR-CA’s advocacy for fair treatment of all individuals within the criminal justice system.
  • • Historical Injustice: In summary, supporting Proposition 6 continues our efforts toward justice, equality, and protecting vulnerable populations while staying true to Islamic and civil rights principles.

In summary, supporting Proposition 6 continues our efforts toward justice, equality, and protecting vulnerable populations while staying true to Islamic and civil rights principles.

2. Proposition 36: Increase Drug and Theft Penalties and Reduce Homelessness Initiative (Homelessness, Drug Addiction, and Theft Reduction Act)  

Summary: The initiative would increase penalties for certain drug crimes by increasing sentence lengths and level of crime. The initiative would also add fentanyl to the list of drugs (cocaine, heroin, and methamphetamine) that would warrant a felony charge if an individual possesses one of the listed drugs and a loaded firearm.   

Proposition 36 will partially repeal Proposition 47 (2014), a law that reclassified some felonies to misdemeanors, thereby reducing punishments for certain nonviolent crimes. Prosecutors would be able to charge people who have three convictions of drug possession or theft with a felony, therefore seeking prison time. The initiative would increase sentences based on the quantity of certain drugs sold illegally. The initiative would also require individuals who receive increased sentences because of this to serve their entire sentence in state prison regardless of their criminal history.

The initiative would increase penalties for certain theft crimes. For crimes where money or property worth $950 or less is stolen, the initiative would make the crime punishable as a felony for individuals who have two or more prior theft-related convictions. The initiative would make the punishment up to three years in jail or prison depending on their criminal history. Currently, it is punishable by up to six months in jail. The initiative would also increase sentences based on the amount of property stolen.

What Your Vote Means: A “yes” vote supports making changes to Proposition 47 approved in 2014, including classifying certain drug offenses as treatment-mandated felonies; increasing penalties for certain drug crimes by increasing sentence lengths and level of crime; requiring courts to warn individuals convicted of distributing illegal drugs of their potential future criminal liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine; and increasing sentences for theft based on the value of the property stolen.

A “no” vote opposes this initiative, which changes Proposition 47 (2014), thereby maintaining certain drug and theft crimes as misdemeanors.

Rationale for CAIR-CA’s Position

CAIR-CA opposes Proposition 36 for several key reasons:

  • Disproportionate Impact on Communities of Color: Proposition 36 increases penalties for drug-related and theft offenses, which disproportionately affect Black, Latino, and other minority communities. These groups are already overrepresented in the criminal justice system. Supporting an increase in sentencing could further perpetuate systemic racism and lead to harsher consequences for marginalized communities.
  • Undermining Criminal Justice Reform: Proposition 47, passed in 2014, aimed to reduce mass incarceration by reclassifying certain non-violent offenses, such as drug possession and petty theft, from felonies to misdemeanors. Proposition 36 would roll back these reforms, increasing prison sentences for non-violent crimes. This is counterproductive to ongoing efforts to create a more just and equitable criminal justice system.
  • Lack of Focus on Rehabilitation: Instead of addressing the root causes of drug addiction and theft, such as poverty and lack of access to mental health and rehabilitation services, Proposition 36 focuses on punitive measures. Increasing sentences for drug-related offenses, particularly without a strong emphasis on rehabilitation, only perpetuates the cycle of incarceration without offering meaningful support to those struggling with addiction or economic hardship.
  • Exacerbating Mass Incarceration: By increasing penalties for certain offenses, Proposition 36 would likely contribute to an already overburdened prison system. CAIR-CA has consistently advocated for policies that seek alternatives to incarceration and prioritize rehabilitation and reintegration into society, rather than expanding prison populations.
  • Economic and Social Harm: The communities most affected by Proposition 36 are often low-income and already vulnerable. Increased sentences and harsher penalties would lead to long-term economic and social consequences for individuals and their families. CAIR-CA’s opposition aligns with its mission to protect civil liberties and support social justice.

In summary, CAIR-CA’s opposition to Proposition 36 is consistent with its commitment to criminal justice reform, dismantling systemic racism, and promoting a more humane and equitable justice system.

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