Many types of low-level, nonviolent drug possession and property offenses will now be misdemeanors instead of felonies.
In past decades, California was heavily focused on harsh punishment as a deterrent to criminal activity. Now, we are moving towards a system that focuses more on reforming convicted individuals. The passage of Proposition 47 this past Election Day is an important milestone in that journey.
Old Draconian Attitude
Just 20-odd years ago, California passed one of the nation’s most infamous and draconian repeat offender sentencing measures, namely the Three Strikes Law. Under this law, any third felony conviction automatically carried a life sentence, even if the offense was minor or nonviolent. This law was reformed somewhat in 2012, but it was apparent that the state government lacked the will to implement major reform on its own. In fact, in 2013 Governor Jerry Brown vetoed a bill that would have changed low-level drug possession crimes from automatic felonies to “wobblers” or offenses that could be charged as misdemeanors or felonies at the prosecutor’s discretion.
Lightened Punishments
With the passage of Prop 47, many low-level drug possession crimes that were formerly felonies are now automatically charged as misdemeanors. For example, cocaine and heroin possession for personal use is now a misdemeanor, but possession of some less common Schedule I and II drugs like LSD remain felonies. Another exception is that drug crimes may be charged as felonies if the offender already has a conviction for a serious or violent crime such as rape or murder.
Prop 47 also specifies that certain property offenses will be demoted from wobblers to misdemeanors, provided that the property involved was worth $950 or less. These offenses include shoplifting, grand theft, and receiving stolen property. Penalties for fraud, forgery, and passing bad checks will also be reduced to a misdemeanor.
Individuals currently serving a felony sentence for any crime affected by Prop 47 will be able to petition for resentencing.
Focus on Reform
While keeping felony convictions off the records of non-violent offenders will no doubt help them reintegrate into society better and reduce recidivism, Prop 47 went a step further with specific provisions for funding programs to help individuals stay on the straight and narrow. The measure specifies that 65 percent of the cost savings achieved by keeping low-level offenders out of jail be used to fund diversion programs, mental health services, and substance abuse treatment programs. A quarter of the savings will go towards programs helping students stay in school, and a portion will also be used to help victims of crimes.
