Proposition 47 passed in November 2014, and analysts are already attempting to figure out what the effects have been and whether the law will result in a net positive or negative. Proposition 47 stipulated that various non-violent felony crimes would be downgraded to misdemeanors, including drug possession, shoplifting, fraud, and petty theft. Those who have already been sentenced for these crimes are eligible to petition the court for a review of their case to possibly overturn felony convictions.
Nationwide Debate
Proposition 47 continues to be a very controversial measure throughout the state, and has even prompted a nationwide debate about what to do about overcrowded jails, cash-strapped state governments, and how to prompt rehabilitation outside of the traditional prison framework. Some worry about releasing hundreds, perhaps even thousands, of inmates from prisons without having a set plan for how to promote rehabilitations in place yet. Others are thrilled about saving millions of taxpayer dollars as a result of the decrease in prison populations.
Worries Aside, What’s Actually Going On?
Has the sky fallen, like many said it would? Has California’s incarceration system dramatically improved, like many had hoped? According to this LA Times article, narcotics arrests have dropped significantly—by 30% in Los Angeles and 48% in areas patrolled by the LA County Sherriff’s Department. Property crime as increased, up 10% in the sheriff’s territory and 7% in the city of Los Angeles compared to the same period a year ago. Shoplifting has also increased by 12% compared to the same period last year in the Carson-area, so detectives have started being stationed outside big-box stores. With such a small increase in these numbers, however, it’s possible that Proposition 47 isn’t the direct cause of the uptick. Perhaps it’s a factor, but not the entire reason crime is up.
An Unintended Hiccup
One hiccup that’s occurring in light of the Prop’s passing is that there is not yet a firm plan for stimulating rehabilitation of criminals to prevent these minor crimes from continuing to occur. The problem is that the provision that the new law that indicates that the savings gleaned from incarcerating less people be reinvested in truancy, drug treatment, and mental health programs doesn’t take effect until mid-2016. That’s a rather long time from now. Since there isn’t funding for these programs yet and judges can’t threaten defendants with jail time, fewer people are choosing optional drug treatment programs that are often offered as an alternative to jail time previously.
The Courts are Extra-Busy, and Jail Overcrowding is Easing
Another article by the LA Times points out that nearly 5,000 people in state prison and tens of thousands more in county jails and on probation are likely eligible for resentencing under Proposition 47. Courts have been absolutely bombarded with scores of applications from people who want their records freed from felony charges. Even people who were convicted decades ago may apply to have the felony charges removed from their records. Courts, which have already been struggling amidst drastic state budget cuts, have been reassigning judges and courtrooms to accommodate the surge in cases as a result of Proposition 47. For example, an estimated 18,000 people in San Diego County have been convicted of felonies in the last three years will be eligible for resentencing under Proposition 47. The county has estimated that 423,000 felony convictions since 1990 could be downgraded to misdemeanors. The Proposition gives people only 3 years to apply for resentencing.
Why Do People Want to Be Resentenced?
The advantages of resentencing are striking—a felony conviction can make it impossible to get a job, obtain government student loans, receive public housing, or get a license for professions such as nursing and even hairstyling.
Thinking About Applying to Get Rid of Your Felony Conviction?
If you’ve ever been convicted of a felony for a non-violent crime, it’s important to act now to get your record wiped clean. Your future success is at stake—not just financially, but emotionally, psychologically, and socially. Imagine how it will feel to walk out of that courtroom as a regular person—not a felon—perhaps you’ll stand up straighter or have a bigger smile. Call Dan Chambers to get started today—remember, you only have three years to apply for resentencing. Why wait another moment?
