California voters will once again have a chance to rewrite legislation concerning criminal justice reform.
This November, the 10-year-old Proposition 47 will be placed before voters again that could possibly dismantle certain key elements of the legislation. The proposed amendment would not completely repeal the law, but penalties would increase for repeat retail theft, according to the Guardian.
The new amendment would also create a new classification of offense called “treatment-mandated-felony” for those found in possession of drugs such as: fentanyl, methamphetamine, and cocaine.
“This proposition will fix some of the definite wrongs, the unintended consequences that we have with Prop 47,’” said Riverside County Sheriff Chad Bianco.
The landmark legislation became law in 2014, which reduced some non-violent felonies into misdemeanors, stated the article.
In the 10 years of the proposition’s existence, it has faced many challenges since former California Governor Jerry Brown signed the measure into law. The opposition comes from law enforcement officials and prosecutors arguing the difficulty in arresting and prosecuting minor drug and theft offenses.
The increase of open-air drug use, homelessness, car and retail market thefts may have created a policy reform backlash. Prop 47 naysayers will have plenty of fodder to put forth a case to Californians, stated the Guardian.
“I don’t think there’s a need to have it on the ballot. Why have something on the ballot that doesn’t actually achieve the goals that are intended? said Governor Gavin Newsom. “Why do something that can’t be done legislatively with more flexibility? I think it’s a better approach to governing.”
In the wake of those comments by the governor, leading democrats announced they had crafted the ballot measure Prop 2 to amend Prop 47, which failed to pass.
The new measure would have allowed prosecutors to upgrade a misdemeanor to a felony. A person that is suspected of having two prior incidents of petty theft or shoplifting within the three-year period, would be eligible for their charges to be upgraded.
Newsom along with other state politicians assert that new legislation would prove to be the desired path forward to tackle retail theft instead of taking apart existing law.
A few days later Newsom said that there is not enough time for state leaders to work out the final language before the upcoming deadline, according to the Associated Press.
Prop 47 marked an about face in California politics.
Subsequent policies followed that helped decrease prison populations and address race based disparities in sentencing, arrests, and prosecution reported by the Guardian “[Prop 47] It’s one of those monumental pieces of legislation, and it got us over the hill for something we’ve been fighting for so long,” said Kent Mendoza of the AntiRecidivism Coalition.
In November of 2024, voters will have their voices heard in the ongoing debate over the effectiveness Proposition 47.
The supporters of this measure are many law enforcement groups, major business groups, conservative lawmakers and mayors San Francisco’s London Breed and San Jose’s Matt Mahan, according to the Guardian.
