CALIFORNIA voters passed the Safe Neighborhoods and Schools Act, also called “Proposition 47,” in November 2014, allowing for opportunities and a second chance for convicted persons.
Prop 47 allows some eligible low-level, non-violent smaller offenses and crimes to be charged as misdemeanors instead of felonies. By reducing the penalties of such petty crimes, Prop 47 allows fairness, saves money by preventing overcrowding in jails, and helps eligible individuals move forward.
With Prop 47, the state law allows close to 1 million Californians with nonviolent felonies a three-year window to petition a judge to reduce non-serious felonies (such as drug possession, petty theft, traffic violations, etc.) to misdemeanors.
“Prop 47 reclassifies, is retroactive, and allows for reallocation of funds,” said Hillary Blout, implementation director of Prop 47 through the Californians for Safety and Justice, at a press briefing held Friday, June 12. “We say that smaller crimes—such as stealing an item worth less than $950, according to the rule—are not an automatic ticket to prison.”
In California, at least “4,800 restrictions come from having a felony on your record, and Prop 47 is able to clean up this legacy of the overuse of a felony conviction,” Blout added. “This means resentencing for those who have been incarcerated, on probation or in county jail, and also changing records for those who are suffering or still paying for their past convictions.
The barriers for those affected include 58 percent related to employment, 73 percent lifetime restrictions covering housing, education loans, jury duty, and different types of employment licenses. For instance, people with felonies can vote but cannot serve on a jury.
“Getting felonies reduced to misdemeanors will not only allow people to participate in a jury, but it would also allow them to run for office and to create change in their society,” Blout said.
Blout also mentioned that California’s reliance on the state prison system has also caused much bankruptcy in government. According to her organization, California has spent more on federal prison than it has on education. Last year, 22 more prisons were built in the state, and only one university. It also costs roughly $60,000 to imprison someone, and $8,000 to send the average student to school.
“This is the first time that Californians have voted to divest money from the prison system and give it back to the communities,” Blout said.
The money saved from Prop 47 would go to treatment programs for ex-convicts through the court, psychological services and trauma recovery centers, as well as help for at-risk youth.
The impacts so far include a steady decline in the California prison system since November of last year, as well as thousands of taxpayer dollars saved simply by not sending someone to prison.
Prop 47 also impacts California immigrants who make up a prominent percentage of the state. Certain convictions for legal permanent residents, as well as refugees, can lead to deportation or prevent undocumented immigrants from ever getting legal status, as well as temporary protection through administrative relief programs — such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), which could affect up to 1 million. Qualified immigrants should consult with expert immigration advocates or criminal defenders for more information about how they can benefit.
“There are huge immigration benefits to Prop 47,” Blout said. “About 60 percent of deportations are because of criminal convictions, so the fact that this [proposition] is available is important for the immigrant population to be aware of and have access to.”
The Los Angeles County Public Defender’s Office represents the majority of these cases, with the priority of getting people who are serving time released from jail and changing their records.
“We have a long way to go,” said Carol Clem, an assistant public defender. “Prop 47 is a great source of work, and the best thing that has happened to our clients in 30 years.”
However, a lack of oversight and public attention remains. Over six months has passed since the measure was voted, and many state institutions have not stepped up. What’s more, many individuals remain unaware and uneducated about Prop 47 and its many benefits affecting all Californians.
Prop 47 can also benefit an estimated 20,000 Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI), according to Attorney Paul Jung from Asian Americans Advancing Justice. The AANHPI population is continuously growing in the United States. At least two-thirds of prisoners in California are immigrants and refugees—including 22 percent Filipinos and 20 percent Pacific Islanders—often at younger ages, for violent, more serious offenses.
“It is important for these groups who tend to face significant social, psychological, and economic barriers, as well as obstacles to employment and language, to become aware of Prop 47,” said Jung. “There are lots of consequences, such as not being able to get a job, that come with having a felony.”
Asian Americans Advancing Justice – Los Angeles is also hosting multilingual monthly clinics/workshops for people to work with educated attorneys and law students in filling out the free-of-charge application for Prop 47. On the application, they simply list their convictions that are eligible under the prop, submit the documentation, and bring it to the courthouse to file.
“The US criminal justice system is very broken,” Jung added. “We as AANHPI should be a part of this groundbreaking rule to fix such a largely unaddressed issue and let our voices be heard. Prop 47 affects all of us, as communities of color.”
Rochelle Solombrino, an operations coordinator with Fred Brown Recovery Services, shared about how Prop 47 has changed her life through a very simple application. “It was that easy—and free!—to expunge my past offenses. I simply filed my paperwork and turned it in; it was that simple. Now, I am able to keep my job, can apply for housing, and may even take opportunities for education.”
“I don’t believe I was a bad person; I just made bad decisions,” Solombrino said. “I’m a good person just trying to get well. Once I took that opportunity, I’m able to contribute and be a successful member of society.”
So far, California is one of the few states that have passed this kind of legislation that deals with criminal justice, and is paving the way for a nationwide effort.
“Working closely with different communities and collaborating with organizations, the county public defender, and legal services allows all the work to be done,” said Blout. “Together with everyone’s collaboration, this law will get the attention it deserves. MyProp47.org is a clearing house for information, forms, and resources for those who can benefit from this life-changing act.”
(LA Midweek June 17 – 19, 2015 Sec. A pg.1)
