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Propositions California Ballot Propositions and Initiatives

2014 Criminal Sentences. Penalties.

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Recommended Citation Criminal Sentences. Misdemeanor Penalties. California Proposition 47 (2014). http://repository.uchastings.edu/ca_ballot_props/1323

This Proposition is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Propositions by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Proposition Criminal Sentences. Misdemeanor Penalties. Initiative . 47 Official Title and Summary Prepared by the Attorney General

Criminal Sentences. Misdemeanor Penalties. Initiative Statute. • Requires misdemeanor instead of for certain offenses. • Requires misdemeanor sentence instead of felony for the following when amount involved is $950 or less: petty , receiving stolen , and forging/writing bad checks. • Allows felony sentence for these offenses if person has previous for crimes such as , , or child molestation or is registered sex offender. • Requires resentencing for persons serving felony sentences for these offenses unless finds unreasonable public safety risk. • Applies savings to mental health and drug treatment programs, K–12 schools, and victims. Summary of Legislative Analyst’s Estimate of Net and Local Fiscal Impact: • Net state criminal system savings that could reach the low hundreds of millions of dollars annually. These savings would be spent on school truancy and dropout prevention, mental health and substance treatment, and victim services. 47 • Net county system savings that could reach several hundred million dollars annually.

Analysis by the Legislative Analyst Background after serving a sentence for a crime that is not a serious or are usually supervised There are three types of crimes: , in the community by county officers. , and infractions. A felony is the most Offenders who break the rules that they are serious type of crime. Existing law classifies some required to follow while supervised in the felonies as “violent” or “serious,” or both. Examples of community can be sent to county jail or state felonies currently defined as both violent and serious , depending on their criminal history and include murder, , and rape. Felonies that are the of the violation. not classified as violent or serious include grand theft (not involving a gun) and possession of illegal drugs. A • County Jail and Community Supervision. misdemeanor is a less serious crime. Misdemeanors Felony offenders who have no current or prior include crimes such as and public drunkenness. for serious, violent, or sex offenses An infraction is the least serious crime and is usually are typically sentenced to county jail or the punished with a . For example, possession of less supervision of a county probation officer in the than one ounce of marijuana for personal use is an community, or both. In addition, depending on infraction. the of the and what crime was Felony Sentencing. In recent years, there has been committed, some offenders who have current an average of about 220,000 annual felony convictions or prior convictions for serious, violent, or sex in California. Offenders convicted of felonies can be offenses can receive similar sentences. Offenders sentenced as follows: who break the rules that they are required to • State Prison. Felony offenders who have follow while supervised in the community can current or prior convictions for serious, violent, be sent to county jail or state prison, depending or sex crimes can be sentenced to state prison. on their criminal history and the seriousness of Offenders who are released from prison after the violation. serving a sentence for a serious or violent crime Misdemeanor Sentencing. Under current law, are supervised in the community by state parole offenders convicted of misdemeanors may be agents. Offenders who are released from prison sentenced to county jail, county community

34 | Title and Summary / Analysis Prop Criminal Sentences. Misdemeanor Penalties. Initiative Statute. 47

Analysis by the Legislative Analyst Continued supervision, a fine, or some combination of the three. charge can occur if the crime involves the theft Offenders on county community supervision for a of certain property (such as cars) or if the misdemeanor crime may be placed in jail if they break offender has previously committed certain the rules that they are required to follow while theft-related crimes. This measure would limit supervised in the community. when theft of property of $950 or less can be In general, offenders convicted of misdemeanor charged as grand theft. Specifically, such crimes crimes are punished less severely than felony offenders. would no longer be charged as grand theft For example, misdemeanor crimes carry a maximum solely because of the type of property involved sentence of up to one year in jail while felony offenders or because the had previously can spend much longer periods in prison or jail. In committed certain theft-related crimes. addition, offenders who are convicted of a • . Under current law, shoplifting misdemeanor are usually supervised in the community property worth $950 or less (a type of petty for fewer years and may not be supervised as closely by theft) is often a misdemeanor. However, such probation officers. crimes can also be charged as , which is Wobbler Sentencing. Under current law, some a wobbler. Under this measure, shoplifting crimes—such as check and being found in property worth $950 or less would always be a possession of stolen property—can be charged as either misdemeanor and could not be charged as a felony or a misdemeanor. These crimes are known as burglary. 47 “wobblers.” decide how to charge wobbler • Receiving Stolen Property. Under current law, crimes based on the details of the crime and the individuals found with stolen property may be criminal history of the offender. charged with receiving stolen property, which is Proposal a wobbler crime. Under this measure, receiving stolen property worth $950 or less would This measure reduces penalties for certain offenders always be a misdemeanor. convicted of nonserious and nonviolent property and • Writing Bad Checks. Under current law, drug crimes. The measure also allows certain offenders writing a bad check is generally a misdemeanor. who have been previously convicted of such crimes to However, if the check is worth more than $450, apply for reduced sentences. In addition, the measure or if the offender has previously committed a requires any state savings that result from the measure crime related to forgery, it is a wobbler crime. be spent to support truancy (unexcused absences) Under this measure, it would be a misdemeanor prevention, mental health and substance abuse to write a bad check unless the check is worth treatment, and victim services. These changes are more than $950 or the offender had previously described in more detail below. committed three forgery related crimes, in Reduction of Existing Penalties which case it would remain a wobbler crime. This measure reduces certain nonserious and • Check Forgery. Under current law, it is a nonviolent property and drug offenses from wobblers wobbler crime to forge a check of any amount. or felonies to misdemeanors. The measure limits these Under this measure, forging a check worth reduced penalties to offenders who have not $950 or less would always be a misdemeanor, committed certain severe crimes listed in the except that it would remain a wobbler crime if measure—including murder and certain sex and gun the offender commits in crimes. Specifically, the measure reduces the penalties connection with forging a check. for the following crimes: • Drug Possession. Under current law, possession • Grand Theft. Under current law, theft of for personal use of most illegal drugs (such as property worth $950 or less is often charged as or heroin) is a misdemeanor, a wobbler, petty theft, which is a misdemeanor or an or a felony—depending on the amount and infraction. However, such crimes can type of drug. Under this measure, such crimes sometimes be charged as grand theft, which is would always be misdemeanors. The measure generally a wobbler. For example, a wobbler would not change the penalty for possession of

For the full text of Proposition 47, see page 70. Analysis | 35 Prop Criminal Sentences. Misdemeanor Penalties. Initiative Statute. 47

Analysis by the Legislative Analyst Continued marijuana, which is currently either an • 25 percent for grants aimed at reducing truancy infraction or a misdemeanor. and drop-outs among K–12 students in public We estimate that about 40,000 offenders annually schools. are convicted of the above crimes and would be • 10 percent for victim services grants. affected by the measure. However, this estimate is • 65 percent to support mental health and drug based on the limited available data and the actual abuse treatment services that are designed to number could be thousands of offenders higher or help keep individuals out of prison and jail. lower. Change in Penalties for These Offenders. As the Fiscal Effects above crimes are nonserious and nonviolent, most This measure would have a number of fiscal effects offenders are currently being handled at the county on the state and local . The size of these level. Under this measure, that would continue to be effects would depend on several key factors. In the case. However, the length of sentences—jail time particular, it would depend on the way individuals are and/or community supervision—would be less. A currently being sentenced for the felony crimes relatively small portion—about one-tenth—of changed by this measure. Currently, there is limited offenders of the above crimes are currently sent to state data available on this, particularly at the county level. 47 prison (generally, because they had a prior serious or The fiscal effects would also depend on how certain violent conviction). Under this measure, none of these provisions in the measure are implemented, including offenders would be sent to state prison. Instead, they how offenders would be sentenced for crimes changed would serve lesser sentences at the county level. by the measure. For example, it is uncertain whether Resentencing of Previously Convicted Offenders such offenders would be sentenced to jail or community supervision and for how long. In addition, This measure allows offenders currently serving the fiscal effects would depend heavily on the number felony sentences for the above crimes to apply to have of crimes affected by the measure that are committed their felony sentences reduced to misdemeanor in the future. Thus, the fiscal effects of the measure sentences. In addition, certain offenders who have described below are subject to significant uncertainty. already completed a sentence for a felony that the measure changes could apply to the court to have their State Effects of Reduced Penalties felony conviction changed to a misdemeanor. The proposed reduction in penalties would affect However, no offender who has committed a specified state prison, parole, and court costs. severe crime could be resentenced or have their State Prison and Parole. This measure makes two conviction changed. In addition, the measure states changes that would reduce the state prison that a court is not required to resentence an offender and associated costs. First, changing future crimes currently serving a felony sentence if the court finds it from felonies and wobblers to misdemeanors would likely that the offender will commit a specified severe make fewer offenders eligible for state prison crime. Offenders who are resentenced would be sentences. We estimate that this could result in an required to be on state parole for one year, unless the ongoing reduction to the state prison population of judge chooses to remove that requirement. several thousand inmates within a few years. Second, the resentencing of inmates currently in state prison Funding for Truancy Prevention, Treatment, and could result in the release of several thousand inmates, Victim Services temporarily reducing the state prison population for a The measure requires that the annual savings to the few years after the measure becomes law. state from the measure, as estimated by the Governor’s In addition, the resentencing of individuals currently administration, be annually transferred from the serving sentences for felonies that are changed to General Fund into a new state fund, the Safe misdemeanors would temporarily increase the state Neighborhoods and Schools Fund. Under the measure, parole population by a couple thousand parolees over a monies in the fund would be divided as follows: three-year period. The costs associated with this

36 | Analysis Prop Criminal Sentences. Misdemeanor Penalties. Initiative Statute. 47

Analysis by the Legislative Analyst Continued increase in the parole population would temporarily freed up by these changes could reach into the low tens offset a portion of the above prison savings. of thousands annually within a few years. We note, State Courts. Under the measure, the courts would however, that this would not necessarily result in a experience a one-time increase in costs resulting from reduction in the county jail population of a similar the resentencing of offenders and from changing the size. This is because many county jails are currently sentences of those who have already completed their overcrowded and, therefore, release inmates early. Such sentences. However, the above costs to the courts jails could use the available jail space created by the would be partly offset by savings in other areas. First, measure to reduce such early releases. because misdemeanors generally take less court time to We also estimate that county community supervision process than felonies, the proposed reduction in would decline. This is because offenders penalties would reduce the amount of resources would likely spend less time under such supervision if needed for such cases. Second, the measure would they were sentenced for a misdemeanor instead of a reduce the amount of time offenders spend on county felony. Thus, county probation departments could community supervision, resulting in fewer offenders experience a reduction in their caseloads of tens of being supervised at any given time. This would likely thousands of offenders within a few years after the reduce the number of court hearings for offenders who measure becomes law. break the rules that they are required to follow while Other County Criminal Justice System Effects. As supervised in the community. Overall, we estimate discussed above, the reduction in penalties would 47 that the measure could result in a net increase in court increase workload associated with resentencing in the costs for a few years with net annual savings thereafter. short run. However, the changes would reduce Summary of State Fiscal Effects. In total, we workload associated with both felony filings and other estimate that the effects described above could court hearings (such as for offenders who break the eventually result in net state criminal justice system rules of their community supervision) in the long run. savings in the low hundreds of millions of dollars As a result, while county district attorneys’ and public annually, primarily from an ongoing reduction in the defenders’ offices (who participate in these hearings) prison population of several thousand inmates. As and county sheriffs (who provide court security) could noted earlier, any state savings would be deposited in experience an increase in workload in the first few the Safe Neighborhoods and Schools Fund to support years, their workload would be reduced on an ongoing various purposes. basis in the long run. County Effects of Reduced Penalties Summary of County Fiscal Effects. We estimate that the effects described above could result in net The proposed reduction in penalties would also criminal justice system savings to the counties of affect county jail and community supervision several hundred million dollars annually, primarily operations, as well as those of various other county from freeing jail capacity. agencies (such as public defenders and district attorneys’ offices). Effects of Increased Services Funded by the Measure County Jail and Community Supervision. The Under the measure, the above savings would be used proposed reduction in penalties would have various to provide additional funding for truancy prevention, effects on the number of individuals in county jails. mental health and drug abuse treatment, and other Most significantly, the measure would reduce the jail programs designed to keep offenders out of prison and population as most offenders whose sentence currently jail. If such funding increased participation in these includes a jail term would stay in jail for a shorter time programs and made participants less likely to commit period. In addition, some offenders currently serving future crimes, the measure could result in future sentences in jail for certain felonies could be eligible additional savings to the state and counties. for release. These reductions would be slightly offset by an increase in the jail population as offenders who would otherwise have been sentenced to state prison would now be placed in jail. On balance, we estimate Visit http://cal-access.sos.ca.gov for details that the total number of statewide county jail beds about money contributed in this contest.

For the full text of Proposition 47, see page 70. Analysis | 37 Prop Criminal Sentences. Misdemeanor Penalties. Initiative Statute. 47 Argument in Favor of Proposition 47

PROPOSITION 47 IS SUPPORTED BY LAW carefully studied Proposition 47 and concluded that it could ENFORCEMENT, CRIME VICTIMS AND TEACHERS. save “hundreds of millions of dollars annually, which would be We in the community have come together in spent on truancy prevention, mental health and substance abuse support of Proposition 47 because it will: treatment, and victim services.” • Improve public safety. The state spends more than $9,000,000,000 per year on the • Reduce prison spending and government waste. prison system. In the last 30 years California has built 22 new • Dedicate hundreds of millions of dollars to K–12 schools, but only one university. crime victim assistance, mental health treatment and drug Proposition 47 invests in solutions supported by the best treatment. criminal justice science, which will increase safety and make Proposition 47 is sensible. It focuses law enforcement dollars better use of taxpayer dollars. on violent and serious crime while providing new funding for We are: and programs that will make us all • The of San Francisco, former Assistant safer. Chief for the Los Angeles Police Department, and Here’s how Proposition 47 works: former Chief of Police for San Francisco. • Prioritizes Serious and Violent Crime: Stops wasting prison • The former Chief of Police for the cities of , San space on petty crimes and focuses law enforcement Jose, and Richmond. resources on violent and serious crime by changing low- • A crime survivor, crime victims’ advocate, and widow of a level nonviolent crimes such as simple drug possession and San Leandro killed in the line of duty. petty theft from felonies to misdemeanors. We support Proposition 47 because it means safer schools and • Keeps Dangerous Criminals Locked Up: Authorizes felonies neighborhoods. for registered sex offenders and anyone with a prior 47 Joining us in our support of Proposition 47 are other law conviction for rape, murder or child molestation. enforcement leaders and crime victims, teachers, rehabilitation • Saves Hundreds of Millions of Dollars: Stops wasting money experts, business leaders, civil organizations, faith on warehousing people in prisons for nonviolent petty leaders, conservatives and liberals, Democrats, Republicans and crimes, saving hundreds of millions of taxpayer funds every independents. year. Please join us, and VOTE YES ON PROPOSITION 47. • Funds Schools and Crime Prevention: Dedicates the massive For more information or to ask questions about Proposition 47 savings to crime prevention strategies in K–12 schools, we invite you to visit VoteYes47.com. assistance for victims of crime, and mental health treatment and drug treatment to stop the cycle of crime. George Gascon, District Attorney For too long, California’s overcrowded prisons have been City and County of San Francisco disproportionately draining taxpayer dollars and law enforcement William Lansdowne, Former Chief of Police resources, and incarcerating too many people convicted of low- San Diego, San Jose, Richmond level, nonviolent offenses. Dionne Wilson, Victims’ Advocate The objective, nonpartisan Legislative Analyst’s Office Crime Survivors for Safety & Justice

Rebuttal to Argument in Favor of Proposition 47

This isn’t just a poorly written initiative. It is an invitation prison inmates, many of whom have prior convictions for for disaster. and those concerned about protecting serious crimes, such as assault, robbery and home burglary. the innocent from violent sexual abuse, identity theft and other 2. It’s so poorly drafted that illegal possession of “date-rape” serious crimes overwhelmingly oppose Prop. 47. Some opponents drugs will be reduced to a “slap on the wrist.” include: 3. Stealing any handgun valued at less than $950 will no • California Coalition Against longer be a felony. • California District Attorneys Association 4. California Retailers Association President Bill Dombrowski • California Fraternal of Police says “reducing penalties for theft, receiving stolen property • California Officers Association and forgery could cost retailers and consumers millions of • California Police Chiefs Association dollars.” • California Retailers Association 5. There are no “petty” criminals in our prisons any more. • California State Sheriffs’ Association First-time, low-level drug offenders are already sent to • Crime Victim Action Alliance diversion programs, not prison. • Crime Victims United of California Protect our communities. Vote NO on Prop. 47. Regardless of what Prop. 47 supporters intend or say, these respected Sandra Henriquez, Director law enforcement and victims’ rights groups want you to know these California Coalition Against Sexual Assault hard, cold : Adam Christianson, President 1. Prop. 47 supporters admit that 10,000 inmates will be California State Sheriffs’ Association eligible for early release. They wrote this measure so that Roger Mayberry, President will not be able to block the early release of these California Fraternal Order of Police

38 | Arguments Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency. Prop Criminal Sentences. Misdemeanor Penalties. Initiative Statute. 47 Argument Against Proposition 47

California law enforcement, business leaders, and crime-victim for well below $950. People don’t steal guns just so they can advocates all urge you to vote NO on Proposition 47. add to their gun collection. They steal guns to commit Proposition 47 is a dangerous and radical package of ill- another crime. People stealing guns are protected under conceived policies wrapped in a poorly drafted initiative, which Proposition 47. will endanger Californians. • Prop. 47 undermines against sex-crimes. Proposition 47 The proponents of this dangerous measure have already will reduce the penalty for possession of drugs used to admitted that Proposition 47 will make 10,000 felons eligible facilitate date-rape to a simple misdemeanor. No matter how for early release. According to independent analysis, many of those many times the suspected sexual predator has been charged 10,000 felons have violent criminal histories. with possession of date-rape drugs, it will only be a Here is what Prop. 47’s backers aren’t telling you: misdemeanor, and the judge will be forced to sentence them as • Prop. 47 will require the release of thousands of dangerous if it were their very first time in court. inmates. Felons with prior convictions for armed robbery, • Prop. 47 will burden our criminal justice system. This , carjacking, , residential burglary, measure will overcrowd jails with dangerous felons who , assault with a deadly , and many other should be in state prison and jam California’s courts with serious crimes will be eligible for early release under hearings to provide “Get Out of Prison Free” cards. Prop. 47. These early releases will be virtually mandated by California has plenty of laws and programs that allow judges Proposition 47. While Prop. 47’s backers say judges will be and prosecutors to keep first-time, low-level offenders out of jail able to keep dangerous offenders from being released early, if it is appropriate. Prop. 47 would strip judges and prosecutors this is simply not true. Prop. 47 prevents judges from of that discretion. When a career criminal steals a firearm, or a blocking the early release of except in very rare suspected sexual predator possesses date rape drugs, or a carjacker cases. For example, even if the judge finds that the inmate steals yet another vehicle, there needs to be an option besides a poses a risk of committing crimes like kidnapping, robbery, misdemeanor slap on the wrist. 47 assault, spousal abuse, of small animals, carjacking Proposition 47 is bad for public safety. Please vote NO. or felonies committed on behalf of a criminal street , Proposition 47 requires their release. Christopher W. Boyd, President • Prop. 47 would eliminate automatic felony prosecution for California Police Chiefs Association stealing a gun. Under current law, stealing a gun is a felony, Harriet Salarno, President period. Prop. 47 would redefine grand theft in such a way Crime Victims United that theft of a firearm could only be considered a felony if Gilbert G. Otero, President the value of the gun is greater than $950. Almost all California District Attorneys Association handguns (which are the most stolen kind of firearm)

Rebuttal to Argument Against Proposition 47

Don’t be fooled by the opposition’s deceptive scare tactics: Don’t believe the scare tactics. Proposition 47: Proposition 47 does not require automatic release of anyone. There • Keeps Dangerous Criminals Locked Up. Authorizes felonies is no automatic release. It includes strict protections to protect for sex offenders and anyone with a prior conviction for public safety and make sure rapists, murderers, molesters and the rape, murder or child molestation. most dangerous criminals cannot benefit. • Prioritizes Serious and Violent Crime. Stops wasting prison Proposition 47 maintains penalties for gun crimes. Under space on petty crimes and focuses resources on violent and Prop. 47, possessing a stolen concealed gun remains a felony. serious crime. Additional felony penalties to prevent felons and gang members • Provides new funding for education and crime prevention. from obtaining guns also apply. Proposition 47 is sensible. That is why it is supported by law Proposition 47 does not reduce penalties for any sex crime. Under enforcement, crime victims, teachers, rehabilitation experts, Prop. 47, using or attempting to use any kind of drug to commit business leaders, and faith leaders. date rape or other felony crimes remains a felony. George Gascon, District Attorney We have been on the frontlines fighting crime, as police City and County of San Francisco chiefs of major cities, a top , and a victims’ advocate William Lansdowne, Former Chief of Police working with thousands of victims across California. We support San Diego, San Jose, Richmond Proposition 47 because it will: Dionne Wilson, Victims’ Advocate • Improve public safety. Crime Survivors for Safety & Justice • Reduce prison spending and government waste. • Dedicate hundreds of millions of dollars to K–12 schools, victims and mental health treatment.

Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency. Arguments | 39