This new measure would undo many criminal justice reforms.
Backed by the Sacramento County District Attorney, a group of California lawmakers have introduced a new initiative to combat what they say is a reduction in public safety. However, this initiative would have a serious negative impact on the rights of people who have been accused of crimes — and could harm efforts to reduce recidivism brought by Proposition 47 and other criminal justice reforms.
The effort has been led by Assemblyman Jim Cooper, a Democrat from Elk Grove, Sacramento County D.A. Anne-Marie Schubert, and backed by non-profit groups such as KlaasKids Foundation. The goal is to have this measure appear on the November 2018 ballot. According to supporters, the criminal justice reforms that began in California in 2011 have led to increased crime and repeat offenders.
This initiative would add 15 new offenses to the list of violent crimes, including the human trafficking of a child, assaulting a police officer, and rape of an unconscious person. The effect of expanding the list of violent crimes would be to prevent anyone convicted of these crimes from being eligible from early release under Proposition 57.
In addition to expanding the list of violent crimes, the measure would reinstate DNA collection for anyone convicted of seven different drug and petty theft charges that had previously been reduced to misdemeanors from felonies under Proposition 47. As an Orange County criminal defense attorney can tell you, collecting the DNA of people convicted of relatively minor drug and theft charges will likely raise seriously privacy concerns and potential constitutional issues. The initiative would also make serial theft a felony, so that anyone caught stealing more than $250 worth of goods for the third time, they would be charged with a felony. 2014’s Proposition 47 set the threshold for felony charges for theft crimes at $950.
Finally, the measure would require the state parole board to consider an offender’s entire criminal history, and not just their most recent offense, before granting parole. The board would also be required to hold hearings on whether to revoke parole for someone who violates their parole for a third time.
Opponents of this initiative point out that violent crime has remained steady since 2010, and less than half of what it was in 1992. Moreover, Proposition 47 has actually helped to decrease the rate of recidivism, according to a report from the California Department of Corrections and Rehabilitation. As Orange County criminal defense attorneys, we believe that this initiative will likely be incredibly harmful to anyone who has been accused of a crime, particularly by requiring even people convicted of minor offenses to have their DNA collected, and making even more people ineligible for early release.
If you have been charged with a crime in California, it is vital that you have a top notch Orange County criminal defense attorney to represent you. Contact the Chambers Law Firm today to schedule a free initial consultation at 714-760-4088 or dchambers@clfca.com. We will stand by your side throughout the process, and will fight hard to help you achieve the best possible outcome.
