The recent election (November 4, 2014) saw the voters of California approve Proposition 47, a measure which reduced the penalties for some crimes in an attempt to reduce prisons costs and crowding via a smaller prison population. The new law reduces the classification of the most “non-serious and nonviolent property and drug crimes” from a felony to a misdemeanor.
To accomplish the goal envisioned by the initiative’s promoters, George Gascón, a San Francisco District Attorney, and William Lansdowne, the former San Diego Police Chief, the initiative includes a number of programs and procedures. One notable procedure permits the re-sentencing of anyone currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors.
The initiative requires a “thorough review” of criminal history and risk assessment of any individuals before re-sentencing in order to ensure that they do not pose a risk to the public.
Perhaps the key feature of Prop 47 is that it mandates misdemeanors instead of felonies for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses, or certain gun crimes. These non-serious, nonviolent crimes are shoplifting, grand theft, receiving stolen property, forgery, fraud, or writing a bad check. In general, the crime must involve amounts of $950 or less.
The measure also requires misdemeanor sentencing instead of felony for the personal use of most illegal drugs.
In addition, Prop 47 creates a Safe Neighborhoods and Schools Fund that receives appropriations based on savings accrued by the state during the fiscal year, as compared to the previous fiscal year, due to the initiative’s implementation. The bulk of the funds will go to the Board of State and Community Correction and lesser amounts to other state agencies.
Law Offices of Daniel R. Perlman
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