What you need to know about Prop 47
Measure would make drug possession, other crimes a misdemeanor
Proposition 47 would change drug possession for personal use to a misdemeanors, as well as some property crimes valued at under $950: shoplifting, theft, writing bad checks, forgery and receiving stolen property.
Clarification
An earlier version of this story should have clarified when repeat thefts under $950 can be aggregated into a felony. It would only be possible if two or more suspects were part of a larger conspiracy.
The savings in prison costs would be funneled to substance abuse and mental health treatment programs, as well as truancy prevention and victims’ services, hence the measure’s name: The Safe Schools and Communities Act
Here’s what else you need to know before casting your vote Nov. 4:
Q: In terms of drug possession, what is considered personal use?
A: California law doesn’t specify personal use amounts, so prosecutors take it on a case-by-case basis. Proposition 47 wouldn’t change that. Factors to consider include the relative amount (2 grams or 200 grams?) and whether there is other evidence of intent to use (a drug pipe) or sell (a scale or baggies). Charges like drug transportation and possession for sale would remain felonies.
Q: Would the law enable convicted felons to get out of prison early?
A: Yes. People who are serving prison time for crimes affected by Proposition 47, such as simple drug possession or theft under $950 would be able to apply for resentencing and have their records changed to misdemeanors. That includes people with prior serious criminal pasts — such as carjacking, kidnapping, assault or child abuse — unless a judge finds in specific instances that the person is likely to commit a dangerous crime if released. The number of offenders eligible for resentencing could be as high as 10,000.
The law does spell out a list of other serious and violent crimes that would make a felon ineligible for resentencing, including murder, attempted murder and serious sex crimes.
Q: What about gun thefts, or possession of so-called date rape drugs? Would those also become misdemeanors?
A: Yes. The law would mean ALL drug possession for personal use and ALL thefts under $950 would be misdemeanors. However, there are other charges related to those crimes that could mean felonies. For instance, while the actual theft of a gun might become a misdemeanor, the offender could still be charged with possession of a stolen gun, which would remain a felony. The use of a date rape drug would also still be a felony.
Q: What if someone continues to commit the same misdemeanor crime over and over again? Does it become a felony at some point?
A: No, with a few exceptions. Under Proposition 47, there is little remedy for repeat offenders, such as someone who continues to shoplift merchandise under $950, or someone who continues to get caught with a small amount of heroin. However, some crimes would still be wobblers, meaning prosecutors have the option to charge it as a felony or misdemeanor. Writing bad checks would be a wobbler if the offender has three previous forgery-related crimes. Same goes for forgery if the crime also involves identity theft. Prosecutors would also have the discretion to aggregate a repeat offense into a felony in rare cases if they can prove a conspiracy between two or more people. For example, if a person stole $400 of merchandise from three different stores each, the value could be combined into a value above $950 and be tried as a felony if the thief was part of a larger criminal enterprise.
Q: How would the savings in prison costs be spent?
A: The law specifies 65 percent of annual savings would go toward substance abuse and mental health treatment; 25 percent to anti-truancy programs; and 10 percent to victims’ services. The savings are estimated to be $200 million a year.
Q: How can we be sure the offenders who need treatment would get it?
A: The law does not require a misdemeanor offender to enter a treatment or diversion program. The money for treatment would go to the Board of State and Community Corrections, to administer grants to public agencies for substance abuse treatment, diversion programs for addicts and programs to reduce recidivism for offenders affected by Proposition 47. The law calls for an audit every two years to review how the funds are being distributed.
