Californians will revisit the question of who should be locked up for life when voting yes or no on Proposition 66 this Nov. 2.

Some contend that only three-time repeat offenders of violent or serious crimes deserve a 25-years-to-life sentence. Others assert that once someone has committed one violent or serious crime, subsequent crimes --- even petty ones such as shoplifting --- means the person is dangerous and beyond rehabilitation. Mandatory 25-years-to-life sentences could be triggered if the prosecutor petitions for the third strike ruling.

In the ten years since passage of the "Three Strikes" law, a few thousand prisoners have received life sentences for nonviolent crimes like stealing a spare tire, shoplifting a baseball glove and possession of less than two grams of marijuana while in prison.

California is the only state with a Three Strikes law in which nonviolent offenses can count as a third strike, said Javier Stauring, co-director of the Office of Restorative Justice for the Archdiocese of Los Angeles which has come out in support of Proposition 66.

"We must pass Proposition 66, because as people of faith we are called to insist on a justice system that does not simply punish, but that rehabilitates, heals and restores," said Stauring at a Sept. 16 press conference in Los Angeles.

Proposition 66 would amend California's Three Strikes law so that only violent or serious felonies, such as murder, rape, kidnapping, assault and robbery, count as a second or third strike. Additionally, current third strikers, who were convicted for shoplifting, drug possession or other less serious crimes, would have the opportunity to receive a hearing for possible re-sentencing.

Proposition 66 also would eliminate counting as a third strike other nonviolent crimes such as burglary of an unoccupied home, car theft, and driving under the influence.

Gov. Arnold Schwarzenegger and Attorney General Bill Lockyer are among those opposing Proposition 66. In their jointly signed ballot argument against its passage, they write that the initiative creates loopholes for convicted criminals.

"These are not petty criminals and low-level drug offenders who steal pizzas and videotapes. These are dangerous hardcore criminals with long histories of serious and violent crimes," they state.

But among supporters of Proposition 66 is Dorothy Erskine of Inglewood, whose nephew Brian Smith was picked up in Cerritos Mall in 1994 for aiding and abetting shoplifting. The two women who actually stole the shoes received two- to three-year sentences, said Erskine. Her nephew was given a third strike and a life sentence. His two prior convictions were for stealing a car and burglarizing an unoccupied house.

"I do feel that Brian should have served time for each and every crime committed. But the time should fit the crime," said Erskine, who calls her nephew once a week and flies up to Sacramento several times a year to visit him. She said the emotional impact of his life sentence on the family has been "devastating."

Among the faith-based organizations already supporting passage of Proposition 66 are the Southern Christian Leadership Conference, Los Angeles Council of Churches and the Progressive Jewish Alliance.

If passed, about 4,100 of the state's 7,000 third strikers will have the opportunity to go before a hearing in a court of law within 180 days and possibly be re-sentenced.

Stauring said that third-strikers will not be immediately released as opponents contend. They still will serve time for their third crime, but the re-sentencing allows a judge to determine a length of incarceration that more accurately reflects the crimes committed.

And Proposition 66 does increase penalties for sex crimes against young people by creating a first-strike 25-to-life sentence for certain child molesters.

Some 39 percent of the state's Three Strikes prisoners are Los Angeles residents, two-thirds of whom are sentenced to life for nonviolent offenses, according to advocates of Proposition 66.

At a Sept. 16 press conference, Los Angeles Police Sergeant Ronnie Cato said he voted for the Three Strikes law ten years ago.

"No one is more passionate than I about putting people in jail for hard crime, serious crime," said Cato. But he said he saw the law go awry when shoplifters of baby formula and spare tires were being given mandatory life sentences alongside perpetrators of rape or murder.

"We want Proposition 66 to be what the people intended, what I voted for it to be, and that's to put serious violators behind jail for 25 years or life," said Cato.

During a time of immense state budget deficits, proponents of Proposition 66 also question whether California taxpayers can continue to house prisoners of non-violent third crimes for life to the tune of $31,000 per year per inmate.

"It is wrong to continue to spend billions of dollars to incarcerate nonviolent offenders, while the costs of maintaining our prisons strains already scarce resources from our ability to provide decent health, education and welfare programs for our citizens," said Stauring.

The proposition also mitigates people of color being targeted to receive harsher sentences, he added.

According to Torie Osborn, executive director of the Santa Monica-based Liberty Hill Foundation, and Ladoris Cordell, a retired Superior Court judge in Santa Clara County, African-Americans are incarcerated for third strikes at a rate 12 times higher than for whites. Latinos are incarcerated for third strikes at a rate 45 percent higher than for whites.

Stauring is speaking about Proposition 66 at all the Masses at Dolores Mission Church in Boyle Heights Sept. 26. He said chaplains, volunteers and staff of the archdiocesan Office of Restorative Justice are prepared to visit archdiocesan parishes to speak to the issue, answer questions and distribute literature if invited.

Editor's note: To contact Javier Stauring, call (213) 637-7491.