To end felony sentencing for drug possession and petty theft crimes
By Ernie McCray
Editor Note: This article was originally posted in September. The community mobilization meeting that Ernie refers to has already occurred. The analysis of Prop 47 is further down on the page.
I would like to invite readers to a Community Mobilization Meeting to hear what can be done to help pass Proposition 47 in November.
The meeting is on Thursday, September 4th, 6-8 pm
Sherman Heights Community Center
2258 Island Ave, San Diego, CA 92102
RSVP to Margaret (mds@aclusandiego.org)
If “Yes on 47” passes, California will be the first state to end felony sentencing for drug possession and petty theft crimes. This would permanently reduce incarcerations and shift one billion dollars, over the next five years, from state corrections to K-12 school programs and mental health and drug treatment. I love the sound of that. And it’s about time we get our minds off punishing people and focus on helping them become better human beings.
Details of the Act:
- – Stops prison incarceration for nonviolent crimes: Six common petty drug and theft crimes will be reclassified from felonies to simple misdemeanors. This means no one, juveniles or adults, will serve prison time for these offenses and thousands of people every year will avoid the collateral consequences of having a felony record. Nothing like giving folks a chance.
- – Nearly 20,000 people eligible for release in first year: Prop. 47 authorizes re-sentencing for anyone who is currently incarcerated in prison or jail for these offenses. Rough estimates indicate that abut 10,000 people in state prison and 10,000 in county jails will likely be eligible for release. Most are African American and Latino men. This, to me, seems like an approach to defeating the “New Jim Crow,” the mass incarceration of black youth.
- – Tens of thousands fewer eligible for prison each year: Incarceration reductions will continue moving forward. Each year, somewhere between 40 and 60,000 people are convicted of the listed offenses. These will no longer be prison-eligible felonies which means, perhaps, we can put a crimp into the massive prison-industrial-complex that greedy, coldhearted capitalists have brought into our society for profit.
- – Hundreds of thousands of Californians will be able to fix their records: Prop. 47 authorizes any individual with prior felony convictions for the petty drug and theft crimes, reclassified as misdemeanors, to remove the felony from their record, eliminating the barriers to jobs, housing, student loans, and public assistance.
- – Reallocates hundreds of millions of dollars from prisons to school programs and treatment: California counties will save hundreds of millions annually through reduced jail populations and court costs. State prison reductions will generate between $750 million to $1.25 billion in savings over the next five years alone. Those state savings will be shifted into K-12 schools (25%), victim services (10%) and mental health and drug treatment (65%). Makes so much sense.
- – Protects public safety: For those who are thinking “Oh, oh, we’re going to have dangerous people populating our streets,” Prop.47 does not apply to anyone with a prior violent felony conviction for crimes such as rape, murder, and child molestation. Prisoners may only be released under the initiative if they demonstrate that they are no longer a threat to public safety. Prop.47 focuses law enforcement resources on violent and serious crimes, and directs savings to programs that can stop the cycle of crime. An idea way overdue.
I hope as many people as possible can come to Sherman Heights Community Center to help make Proposition 47 a big success in California. It’s opportunities like this that enable us to create a better world.
To learn more, visit safetyandschools.com
Ernie McCray
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This would reverse the lobbying of the prison-industrial complex which seeks to get more and more people incarcerated for very minor offenses. It will not let people be incarcerated for minute amounts of drugs in their possession as is the case now.
The time is 6:00 to 8:00 PM.
Yes, I definitely would support #Prop47
I like the idea of being able to redirect the money into our schools, where [hopefully] more programs can be implemented to educate the kids and maybe prevent even a small percentage from destroying their lives.
Removing past offenses retroactively is a big deal too. That could probably be put into place without bogging down the courts, making it a somewhat automated system upon application.
I am so for this!! My husband is currently locked up until next year for a possession charge of less than a gram. They couldn’t even test it more than once. So now he will have a felony on his record and have a hard time getting a job all because of a law that says they have to do time for something so small. Everyone should vote yes on Prop 47!!
Thank you so much for reporting about proposition 47. For a fair and balanced overview of prop 47 check out the League of Women Voters Education Fund pros and cons about Proposition 47 : .
My question is though if this passes how long would it take to go into effect to where people would start getting released from custody?
Hi Jessica,
Just wondering if you ever received a reply to this question.
thanks in advance.
Evelyn
Yes it goes into effect the very next day nov 5, 2014 and you must request a new court date that day as it takes about 15 court days to get on the calendar… Hope that helps :) remember to vote yes on prop 47 tomorrow!! I know I am
The devil is in the details. If you look at Prop 47 closely, there are lot of things it does that most people would agree are very bad. Stealing most handguns will become a misdemeanor. Possession of “date rape” drugs becomes a misdemeanor. Someone who snatches your phone right out of your hand will now only be guilty of “petty theft” — equivalent to stealing a candy bar. And judges can only block the early release of dangerous offenders who are likely to commit murder, rape, or a few other specified crimes. That means convicts with histories of armed robbery, child abuse, and many other crimes can’t be denied early release on those grounds.
So what do you suggest we do to stop penalizing people outrageously for the “real” petty crimes? What do you suggest we do regarding the New Jim Crow” the mass incarceration of young black males? And please show us the “actual details” in writing. Tell us more about ASaferCA, how you can make us safer and more just as a society.
What they suggest is exactly nothing, because changing anything would interfere with the vested interests of the ‘correctional’ industry, which would have taxpayers continue to shell out 5 times as much per person for prison each year as we spend on education.
To them it’s a small price to pay to perpetuate the legacy of racism in California. By twisting the facts and distorting the truth and scaring the bejesus out of people these ‘law and order’ advocates hope to preserve and protect the point of view that punishes the poor and weaves their failed morality into our legal code.
Child abuse and armed robbery are considered VIOLENT they wouldn’t be released early. Clearly you aren’t reading it all the way they are talking about reducing crimes and sentences for NON violent crimes. Being in possession of a date rape drug is not violent, however using it on someone is. Clearly you know nothing about the system. You should really look into it and read more about the system before you comment on something!
I agree with Jessica. Some people need a chance to make things right for their family. They should be granted the opportunity to not face time. Learn from their mistakes. Most important Childrens education that should be a priority. The rooms without AC and poor learning conditions. Why should these nonviolent crimes
Be faced with time. And why should tax payers want their money to go to them instead of schools. It’s only logical YES ON proposition 47
Thank you!! I hope everyone that is for prop 47 is voting today… If they do we have a good chance for it to pass… Just remember everyone firearms and date rape will not be covered under this prop and anyone with piror or new rape or murder chargers will not be set free… We need to get the non violent people out of the system and put the serious violent offenders behind bars but right now people are getting away with things because there’s no room… For example a family member of mine was sexually assualted during a massage in February we went to court in sept and guess what happened he got 30 days in jail… 30 days that’s it my husband had possession of meth not even enough to test more than one time not even enough to get high off it and he got 16 months behind bars… This prop will get people like my husband out and put people like my family’s attacker behind bars!! #yesonprop47
The penalty for possession of the “date rape” drug would be reduced, not actually raping people. It’s actually called γ-Hydroxybutyric acid or GHB and it is actually used recreationally just like any other drug. If we start calling Marijuana the “get fat and do nothing but get stupid” drug does that mean everyone who possesses it is guilty of such? Or calling heroin the “rob you, kill your baby, and perform sexual favors scumbag drug” mean everyone in possession is guilty of that as well? I know quite a few users (occasional/ recreation/ addict) who don’t put anyone else in harm’s way and have their own personal reasons for using that is nobody else’s business and clearly don’t need to be locked away from society because of their choice to self medicate or otherwise. For those who do commit those other crimes that hurt others and should be kept away from society either for life or less WILL be charged for those crimes accordingly but the drug charge alone should not be enough to keep someone locked up because they may or may not do worse. If that’s the case the entire world should be locked up.
FINALLY! Our elected officials are once again, behind the times.
There are millions of people who are felons, for no other reason than having had a drug problem.
The only reason active police are against it is because they want to make sure they have job security and their tax payer funded pensions at the age of 50. All of the retired police, DAs, judges, etc. are retired and aren’t slaves to their pension and can actually vote for what’s right. They know and see the real cost of this failed war on drugs.
Thank you so much for your coverage of Proposition 47. For a fair and balanced overview of this proposition I recommend the League of Women Voters of California Education Fund pros and cons about “Proposition 47: Criminal Sentenes. Misdemeanor Penalties:
does this prop 47 have anything to do with 3 strike law for inmates that are doing life sentence for serious crime not violent crime? my husband is doing a life sentence for a serious crime for residential burglary. and was giving a life . is there any hope for him if this gets voted in?
Thank you for any response.
barbara
Hi Barbara: There is a contact number that can be found at the bottom of this website: safetyandschools.com. I sure hope this proposition helps you.
After reading both sides of the argument, I am conflicted. I agree many non violent crimes should NOT be felonies, however there are certain crimes we cannot afford to de-criminalize. If you want this passed, you should not include theft of firearms as “petty theft”. This is counter intuitive for gun control. I cannot yet get behind this law that makes theft of a firearm a misdemeanor.
Ok so I’ve been reading more and more about this and you people should too no where does it say theft of a firearm will be lowered to a misdemeanor… They still consider that a violent crime which is why no matter the price of the stolen firearm it will still be considered a felony!!
Jessica.. YOU should read a bit more on prop 47.
Stealing a firearm under $950 will be dropped to a misdemeanor..
crime..http://www.voterguide.sos.ca.gov/en/propositions/47/arguments-rebuttals.htm
Show us the words that say that. Copy and paste.
Haha you make me laugh I don’t need I read anything again because I have talked directly to district attornies, public defenders and judges and anything involving a firearm no matter the price will still be considered a felony and a violent crime… You can’t believe everything you read online!!