When California voters approved Proposition 47 on Nov. 4, California became the first state in the country to reduce drug possession offenses to misdemeanors.
Advocates of the legislation say the measure reduces the state’s overpopulated prisons and support schools, while opponents say it could lead to serious crime.
But just days after the passage of Proposition 47, city attorneys are already preparing for the influx of work expected for new misdemeanor cases.
Los Angeles City Atty. Mike Feuer told the Los Angeles Times that he anticipates his office to receive an additional 13,500 cases per year. Most of these would be drug-related offenses. He requested for more than $500,000 from the City Council so he could hire 15 lawyers to assist with misdemeanor cases that are expected to come into his office.
U-T San Diego reported that the City Attorney’s Office is expected to review 3,000 additional cases per year due to the new law. Furthermore, according to the Office of the Pubic Defender, there are approximately 200,000 offenders since 1990 with convictions that could be reclassified as misdemeanors. Each of these cases could be petitioned.
For the state as a whole, analysts expect about 40,000 offenders will be cited for misdemeanors rather than felonies.
CBS San Francisco reported that hundreds of inmates have been released since the passing of Proposition 47.
The state corrections department has already informed approximately 4,800 inmates that they can petition for reduced sentences. Those fulfilling penalties for felonies in local jails may also appeal for release.
At Sacramento County Jail, more than 400 inmates are expected to be released. Of these, 24 were discharged after being held on misdemeanor charges that were formerly felonies.
Two Contra Costa judges recently approved the release of seven inmates who committed previously classified felonies, as they had served adequate jail time to be eligible for reduced sentences.
Preliminary estimates outlined on the ballot measure said the new law could save California between $150 to $250 million. Funds would then be directed toward the Safe Neighborhoods and Schools Fund, which would provide mental health, drug treatment, and dropout prevention services, among others, to keep citizens out of prisons.
However, this money might not come for another year, according to advocates.
One worry expressed by some is that substance abusers and similar people may not make use of the services funded by state savings from Proposition 47.
“I can’t say I agree with Proposition 47. It should have mandated treatment,” Los Angeles County Dist. Atty. Jackie Lacey told the Los Angeles Times. “Most of the money from the initiative will go to mental health and substance abuse treatment, but how we will get people to accept that treatment is the question.”
The relevance of drug courts is also another question, as successful substance abuse offenders who participate in the program may request for shorter probation periods and may request for the dismissal of charges. However, without the threat of jail, it may not be as compelling for offenders to participate, Mark Delgado, executive director of the Countywide Criminal Justice Coordination Committee told the Los Angeles Times.
Other felonies downgraded to misdemeanors under Proposition 47 include petty theft, shoplifting and receiving stolen property.
(With reports from CBS San Francisco, Los Angeles Times and U-T San Diego)
(www.asianjournal.com)
(San Francisco November 14-20, 2014 Sec. A pg.1)
