Prop. 36 Will:
- ELIMINATE unintended and ineffective life sentences currently imposed for nonviolent, non-serious crimes
- RESTORE the original intent and core purpose of the Three Strikes law: to keep dangerous and violent criminals behind bars.
- SAVE $100 million per year to fund schools, prevent crime, and decrease the need for tax increases.
For Relief Under Prop. 36:
We are working closely with Public Defender offices and other service providers throughout the state to provide the best possible assistance for anyone eligible for relief under Prop. 36.
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for resources.
Why We Won
When Three Strikes Sentences Reshape Children’s Lives
A prison sentence is imposed on one person, yet its effects often reach an entire household. For children, an incarcerated parent may become a face on a video screen, a voice on a monitored phone call, or someone they see after a long journey through strict visiting procedures. The child may not understand the legal language behind a sentence, but they understand absence, changed routines and the strain carried by the adults around them.
The impact of Three Strikes on children who visit incarcerated parents is especially serious when a lengthy or life sentence follows a nonviolent or non-serious offence. California’s Three Strikes law was designed to impose severe penalties on repeat offenders, with public safety at its centre. Reform advocates, including the Committee for Three Strikes Reform, argue that sentencing should distinguish dangerous violence from lower-level conduct while giving families and communities a fairer path forward.
A Sentence Extends Into Family Life
Children commonly experience incarceration as a disruption to ordinary family life rather than as an abstract criminal justice issue. A parent may no longer attend school assemblies, help with homework, prepare dinner or provide reassurance after a difficult day. Grandparents, relatives or foster carers often absorb these responsibilities while managing their own work, health and financial pressures.
Long sentences can change a child’s sense of time. A young child may grow from primary school age into adolescence without sharing everyday experiences with a parent. Birthdays, sporting events and school graduations become stories relayed through letters or short visits. Even when contact continues, the relationship may feel frozen in an institutional setting rather than developing through ordinary family routines.
For Australian families, the comparison can feel familiar even though the laws differ. A parent in custody may be held far from Sydney, Melbourne, Brisbane or Perth, leaving relatives to coordinate travel across large distances. The legal framework in California cannot be directly transferred to Australia, but the family consequences of imprisonment—distance, expense and emotional uncertainty—are recognisable across both countries.
Visiting Is More Than Showing Up
A prison visit usually requires planning that children cannot control. An adult must arrange transport, comply with visiting rules, bring approved identification and allow time for security screening. For a family travelling from regional New South Wales to a metropolitan facility, or crossing Melbourne during peak traffic with a small child, the journey can consume most of a day.
The setting itself may be intimidating. Visitors can encounter metal detectors, locked doors, uniforms, surveillance and instructions about where to sit or when physical contact is permitted. A child may interpret these procedures as evidence that the parent is dangerous, even when the parent’s offence was nonviolent. The surroundings can also make natural conversation difficult, particularly for children who are already shy or distressed.
Cost adds another layer. Petrol, public transport, parking, meals and missed shifts can make regular visits unaffordable. In Australia, a family already coping with rent increases and supermarket prices may have to choose between a visit and another essential expense. When visits become rare, a child can experience the parent’s absence as rejection, even where the real cause is money or logistics.
Distance Weakens Everyday Connection
A relationship between a child and an incarcerated parent depends on continuity. Occasional visits can be meaningful, but they rarely replace the small exchanges that build trust: asking about a spelling test, hearing about a friendship or discussing what happened at school. Phone calls may be limited, recorded or expensive. Written letters provide a slower form of contact, and younger children may need help expressing themselves.
The burden often falls on the caregiving adult. They may need to explain why the parent cannot come home, organise calls around work and school, and manage a child’s disappointment when a visit is cancelled. Some carers avoid discussing the sentence because they fear stigma. Others provide too much adult information too soon. Either approach can leave children confused about what they are allowed to feel or say.
Research and advocacy around long-term imprisonment often focus on the person sentenced, yet family members also live with the practical consequences. The Committee for Three Strikes Reform describes this wider concern in its discussion of the case for correction, particularly where life sentences arise from conduct that is not violent or serious. For a child, the question is not simply whether a sentence is legally authorised; it is whether the sentence removes a parent from family life for longer than public safety requires.
Children Carry Stigma And Uncertainty
Children may worry that classmates will discover their parent is in prison. They can face teasing, unwanted questions or a fear that other adults will judge the whole family. In Australia, where school communities can be close-knit in suburbs and regional towns, privacy may be difficult to maintain. A child might avoid mentioning a parent during a Father’s Day activity, family tree project or classroom conversation.
Uncertainty can be as damaging as the physical absence. Children may not know when the parent will be released, whether the sentence can change or why different adults give different explanations. A long sentence can create a sense that the future is fixed. Older children may also feel pressure to protect younger siblings, take on household duties or become emotionally self-sufficient before they are ready.
The relationship can become complicated in both directions. A child may love the parent and still feel angry about the harm caused by the offence. They may feel guilty for enjoying life while the parent is incarcerated, or guilty for wanting more attention from the parent. These mixed feelings are normal responses to a difficult family situation, not evidence of disloyalty.
Making Visits Safer And More Child-Centred
A child-centred approach treats visiting as part of family wellbeing rather than as a privilege that families must somehow earn. Clear explanations, predictable routines and respectful staff interactions can reduce fear. Children benefit when adults tell them what will happen without using confusing euphemisms or exposing them to unnecessary details about the offence.
Practical support also matters. Flexible visiting times can help carers work around school and employment. Affordable transport, family-friendly visiting rooms and reliable video contact can maintain relationships when a facility is hundreds of kilometres away. Contact should be consistent, because a missed call or cancelled visit can carry emotional weight for a child who already feels abandoned.
Useful preparations before a visit include:
- Explaining security checks in simple, age-appropriate language
- Bringing a familiar book, drawing or activity where facility rules allow it
- Planning a calm meal or routine after the visit
- Agreeing in advance on how adults will answer difficult questions
- Allowing the child to choose whether to hug, talk or sit quietly
- Recording dates for calls and visits so expectations remain realistic
These steps do not remove the pain of separation. They can, however, help a child understand that the parent’s absence is caused by a legal situation rather than by a lack of love. They also give caregivers a structure for responding consistently when emotions change from one visit to the next.
Reform Can Protect Families And Communities
Supporters of Proposition 36 argued that California could preserve strong penalties for dangerous and violent criminals while eliminating life sentences for certain nonviolent, non-serious offences. That distinction matters to children because a sentence calibrated to the actual conduct may reduce unnecessary family separation without abandoning public safety. It also recognises that not every repeat offence presents the same level of risk.
Critics of sentencing reform may worry that shorter sentences weaken deterrence or ignore the experiences of victims. Those concerns deserve serious attention. A responsible policy must consider victim safety, rehabilitation, supervision and the likelihood of future harm. It should also acknowledge the social cost of keeping a parent imprisoned for decades when the offence does not justify that level of danger.
The debate has practical consequences for the prison system as well as individual families. Decisions about prison capacity, facility closures and prisoner transfers can add new distances between parents and children. Discussion of prison closure decisions shows why infrastructure choices should be assessed through a family-impact lens, not only through budgets and bed numbers.
Family stability is relevant to public safety because children who retain healthy support are better placed to succeed at school, maintain secure relationships and avoid being drawn into harmful behaviour. No single visit determines a child’s future, but stable contact can provide identity, accountability and emotional support during years of rapid development.
Support Should Reach The Whole Family
Children connected to an incarcerated parent need services that recognise their circumstances without labelling them. School counsellors, community workers and health professionals can provide confidential support, help carers discuss incarceration and identify signs of anxiety, grief or withdrawal. Support is most effective when it is accessible without requiring a family to retell its story to multiple agencies.
The needs of children vary with age. A preschool child may need reassurance about when the parent will call. A teenager may need privacy, honest information and space to question the parent’s choices. Siblings may respond differently, with one seeking contact and another refusing visits. A flexible approach avoids treating every child as if they experience imprisonment in the same way.
Families may also need help navigating legal and administrative questions. In California, people seeking relief under reform provisions may need accurate information about eligibility, records and court processes. Australian readers should avoid assuming that Californian rules apply locally; each Australian state and territory has its own sentencing, parole and prison-visit arrangements. Reliable advice should come from the relevant court, corrections department or qualified legal service.
A useful family support network can include:
- A consistent adult who gives children truthful, age-appropriate explanations
- A school contact who understands confidentiality and attendance pressures
- Counselling that includes grief, anger and family communication
- Practical assistance with transport, phone calls and visit costs
- Safe opportunities for children to speak with peers in similar situations
- Legal or advocacy support for reviewing possible sentence relief
These services should be available without forcing families to prove that they are coping badly. Early support can prevent ordinary sadness from becoming isolation, persistent anxiety or disengagement from school. It can also help caregivers set boundaries so that children are not made responsible for managing adult legal problems.
A More Proportionate Future
The effect of a Three Strikes sentence cannot be measured only by the years served by the person in custody. It can also be seen in the child waiting for a call, the grandparent driving to a distant facility, the teenager attending a graduation without a parent and the household adjusting to income that has disappeared. Those consequences do not erase the harm caused by crime, yet they should be part of an honest sentencing discussion.
A proportionate system can retain serious consequences for violence while recognising that children should not bear avoidable penalties created by inflexible laws. For families in California and for Australian observers comparing justice systems, the central principle is straightforward: public safety and family wellbeing should be considered together, especially when the offence is nonviolent and the sentence is exceptionally long.
The next concrete step is to identify the relevant California court or corrections resource, check whether the incarcerated parent may qualify for sentence relief, and write down the child-support needs that must be addressed during that process.