The Catholic Church in California, including our Diocese, was a vocal supporter of Prop 47, citing the unjust nature of sentencing and the Gospel idea that no one is beyond rehabilitation and reconciliation with God.
As a result of Prop 47, thousands of individuals have had their felony convictions changed to misdemeanors, which has resulted in reduced sentences for some inmates, early release for others, expunged records for more. This law was well intentioned. Many now have greater opportunities for jobs, housing, school, and public benefits. It is estimated that as many as one million Californians may be eligible to change past felony convictions on their records under Prop 47.
But to borrow an old phrase, there is “a fly in the soup.”
Without the mandated drug rehab programs accompanying felony convictions, many are skipping this valuable opportunity to lead different lives. And so “the same old, same old” applies. Change is hard to come by. In March, KCRA (Sacramento) noted:
In Placer County, 28 inmates have been released since November 2014 and four ended up back in custody (14%)
In Stanislaus County, 127 inmates have been released and 12 ended up back in custody (9%)
In Sacramento County, 42 inmates have been released and 25 are back in custody (60%)
The California Department of Corrections and Rehabilitation has released 3,068 inmates since November and 14 have ended up back in the system (.005%).
A February Los Angeles Times article noted that “of the nearly 4,500 people arrested by L.A. County sheriff’s deputies on Proposition 47 crimes since early November, more than 460 have been arrested again — some multiple times.
A recent study released by the American Civil Liberties Union (ACLU) notes that there is not a single pattern of criminal behavior, rescidivism and jail populations that can be attributed to Prop 47. These metrics fluctuate greatly from county to county, often dependant on how law enforcement is implementing the law. A good example of this would be the number of people who are incarcerated for misdemeanor charges - something that was supposed to be negated by Prop 47. According to the ACLU study, the number of people incarcerated on misdemeanors has doubled in Riverside County over the past year, but in San Bernardino County has dropped by 25 percent during that same period.
San Bernardino County Deputy District Attorney Kris Parde said in a Victorville Daily Press article published in May that declining enrollment for drug court could ultimately lead to the program’s demise in Victorville. She further noted that “…drug court used to be about 75 to 80 people up here in the High Desert. It’s dwindled to eight.”
As of mid-August 2015, 4,347 prisoners were released from state prisons under Proposition 47.
Because Prop 47 is retroactive, the population who will benefit the most from this law are those who have already served time and have been released, and who have already made great effort in their rehabilitation and re-assimilation into their communities. These individuals have made great strides in their lives, communities, and families and all that is left hanging over their heads are felony convictions. Expunging these would greatly enhance their lives for they will have the benefit of knowing that all their hard work will have paid off.
Because Prop 47 this is a time sensitive law, much effort is being put in to expungement/reclassification clinics. The window of opportunity to file to for record change closes in November of 2017.
But does Prop 47 really help those people who do not want to change? Reclassifying one’s felonies to misdemeanors does not change one’s lifestyle. Without the conditions attached to a felony conviction, Prop 47, while making an impact, will not make enough of an impact.
Prop 47 mandates misdemeanors for crime that are “non-serious, nonviolent,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This is good and should not change; it should be offered as an incentive to sincere rehabilitation and restoration efforts by offenders who have been released, and to those who are incarcerated who enroll and successfully complete rehabilitation/restoration programs.
Already, the 2015 session of the California Legislature has seen the introduction of bills to amend Prop 47. These include:
Senate Bill 333 and Assembly Bill 46 would allow felony charges to be filed against suspects accused of having certain date-rape drugs. Prop 47 reduced the personal use of most illegal drugs to misdemeanors.
Assembly Bill 150 would make stealing a gun a felony crime. Proposition 47 made stealing an item that is valued at less than $950 a misdemeanor. Therefore, stealing a gun valued at less than $950 would be a misdemeanor.
More efforts should be placed to amend Prop 47 to require offenders with felony convictions that qualify under Prop 47, to be serious about changing their lifestyles and commit to successfully completing rehabilitation and restoration programs.
Marciano Avila is the Director of the Office of Restorative Justice for the Diocese of San Bernardino.