On November 4, California voters have the option to vote yes or no on Proposition 47, which would reduce certain minor, nonviolent crimes from felonies to misdemeanors. If Proposition 47 passes, it would have three significant and immediate implications to California’s felony sentencing laws:
- Certain theft and drug possession offenses under California’s criminal code would change from felonies to misdemeanors. The criminal charges affected include nonviolent drug offenses, petty thefts and forging checks.
- Criminal defendants currently in prison for those same crimes could petition the court for resentencing.
- Criminal defendants who have already served their time under California’s previous sentencing laws could apply to the courts to reduce their eligible convictions from felonies to misdemeanors.
All of the crimes covered under Proposition 47, known as “The Safe Neighborhoods and Schools Act,” could be upgraded to felony charges if the person accused has a previous criminal record that includes violent crimes or sex offenses. While the measure would reduce drug possession charges, the sale or distribution of illegal drugs would still be a felony.
Advocates of the bill point to California’s overcrowded prison population as evidence that the current system is broken. Many Californians remember the 2011 U.S. Supreme Court decision that found California’s overcrowded prisons constituted cruel and unusual punishment, which at the time were at 200 percent capacity.
The prison population is down about 20 percent since 2011, but California is still not at the 137.5 percent capacity ordered by the Supreme Court. The state has until 2016 to reduce its prison population, which is one of the reasons Proposition 47 is on the ballot. The initiative may also be a reaction to California’s notorious “three strikes” program, which has put many nonviolent offenders behind bars for life, to the alarm of many, including civil rights advocates.
The ballot initiative would use the money saved from incarcerating low-level offenders towards treating the addicted and mentally ill. The funds would also provide help for the families of victims.
The measure is controversial, with law enforcement opposing the measure, but many others advocating its passing – including unlikely pairs such as Jay-Z and Newt Gingrich. Groups supporting Proposition 47 have raised 20 times the amount of money as those opposed.
Advocacy groups that are urging criminal sentencing reform point out that long prison sentences often leave inmates with little options once released. It can be more difficult to get a job or a place to live once a person has served time in prison.
Some consequences uncertain
If the measure does pass, there are some uncertainties in its application in the courts, as is common with many new criminal laws. For example, under Proposition 47, if the court, “in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety,” then the court has the authority to deny resentencing. How that would play out in practice remains to be seen.
In addition, should the measure pass the California Legislature may adopt new laws to clarify the amendment in the future.
Options if charged with a crime
While the ballot measure may or may not pass, it is currently possible for people accused of a crime to enter into a plea bargain with prosecutors that reduces the charges from a felony to a misdemeanor. In exchange for a guilty plea to a misdemeanor, for example, the person charged may be able to complete a drug treatment or domestic violence program in lieu of jail time. Such rehabilitation can help a person facing criminal charges to avoid future incidences and reduce the negative consequences of a criminal conviction.
Californians facing criminal charges should speak to the experienced criminal defense attorneys at The Law Offices of Michael A. Fiumara to discuss their options and protect their legal rights.
