We are first year Masters of Social Work students from California State University, Fullerton who recently attended the NASW Legislative Lobby Days to support Assembly Bill 256 The Racial Justice Act.

Did you know:

• Despite being only six percent of the state’s overall population, African American men make up one-third of all people on death row ($142,000 annual cost)
• Every ten people incarcerated in state prison are African American men – ten times the imprisonment rate for white men. (Public Policy Institute of CA)
• Black men convicted of a felony are 42 percent more likely to be sentenced to prison than a white man. (Judicial Council)
• Latino men convicted of a felony were 32.5 percent more likely to be sent to prison than a white man. (Judicial Council)

The California Racial Justice Act - AB 2542 was signed into Law by governor Newsom in 2020. It prohibits the state from imposing a sentence based on race, ethnicity, or national origin. While AB 2542 made it possible for people charged or convicted of a crime to challenge racial bias in their case, it excluded judgements that were made prior to January 1, 2021.

AB 256 was introduced by Assembly Members Kalra, Kamlager, Rivas, and Santiago. AB 256 retroactively extends these protections to those who are impacted by unfair convictions and sentences, and will give these individuals an equal opportunity to pursue justice. Far too many Californians have had their convictions and sentences upheld despite stark statistical evidence showing systemic bias in charging and sentencing. 

California’s leadership in passing the Racial Justice Act was a major step in addressing racism in our criminal courts, and while AB 256 will not undo the harm that has been done to many people and communities, it will ensure that everyone charged or convicted of a crime prior to January 2021 will have the opportunity to challenge racial bias in their case, and it will prompt justice advocates in other states to champion similar measures.

The Racial Justice Act allows someone to challenge four kinds of racial discrimination in criminal courts:

1. bias exhibited directly towards the defendant by a judge, juror, attorney, expert witness, or law enforcement person involved in the case
2. racially discriminatory language used in court during a trial
3. racial “disparities” (differences or inequalities) in the sorts of criminal charges brought against someone or the convictions that are imposed
4. racial disparities in sentencing

You can find more information here AB 256 Fact Sheet.

We encourage your support in advocating for this measure to preserve the fairness in the justice system. Please share this petition!