This November, California voters will decide whether to reclassify seven types of nonviolent drug and property crimes from felonies to misdemeanors.
Proposition 47 would generally allow people in jail and prison to appear before a judge and have their sentences reflect the lower terms.
The measure would also create a fund for programs intended to reduce crime and support crime victims, according to California Budget Project.
The Legislative Analyst’s Office estimates net savings to the overall criminal justice system, both state and local, in the hundreds of millions of dollars each year.
“If Proposition 47 passes, California will be the first state in the nation to end felony sentencing for drug possession and petty theft crimes,” reports Californians for Safe Neighborhoods & Schools. “The initiative will permanently reduce incarceration and shift one billion dollars over the next five years alone from state corrections to K-12 school programs and mental health and drug treatment.”
In a recent San Francisco Chronicle opinion column, San Francisco District Attorney George Gascón said, “Our over-incarceration problem cannot be solved until we address our penal code, which is outdated with excessive punishments, especially for drug offenses. But drug use is going up. The National Survey on Drug Use and Health found in 2012 that since 2012, illicit drug use increased by 8 percent and 20 million Americans who needed substance abuse treatment did not receive it. We’ve failed.”
Gascón added, “Proposition 47 can reverse these trends by prioritizing prison space for those convicted of violent, serious crimes and investing the savings in mental health treatment, schools and victims — smart strategies to improve public safety. Fear mongering won’t work; the public knows it’s time to rethink our safety priorities. Proposition 47 will help us do that.”
California Budget Project reports, “Opponents of Proposition 47, including the California District Attorneys Association and Crime Victims United, argue that ‘California has plenty of laws and programs that allow judges and prosecutors to keep first-time, low-level offenders out of jail if it is appropriate. Proposition 47 would strip judges and prosecutors of that discretion.’ Proposition 47, they argue, ‘will overcrowd jails with dangerous felons who should be in state prison and jam California’s courts with hearings to provide Get Out of Prison Free cards.’”
The measure increases the threshold dollar amount for a crime that could be considered a felony to $950 for the following crimes: Check fraud, Forgery, Shoplifting, Petty theft, Petty theft with a prior, Receiving stolen property.
In addition, the measure reclassifies most unlawful drug possession as a misdemeanor.
When a defendant appears before a judge for resentencing, the judge will deny relief if he determines that there is an “unreasonable risk” the person will commit one of several violent felonies.
State parole officers would supervise released offenders unless the court chooses to waive the parole requirement.
Excluded from relief are defendants with “a prior conviction for a serious and/or violent offense, as specified by the measure, or for any registerable sex offense.”
Proposition 47 requires any state savings to be deposited into a special fund beginning in August 2016 exclusively for three purposes:
Sixty-five percent for mental health treatment, drug treatment and diversion programs in order to reduce crime.
Twenty-five percent for programs designed to improve outcomes for K-12 public school students by reducing truancy and supporting students who are at risk of dropping out or are victims of crime.
Ten percent for trauma recovery centers to provide services to victims of crime.