As many of you are well-aware, Proposition 47 was passed in November of 2014 with the intention of provided much needed relief to California’s dangerously overcrowded prison system. Under the proposition, several commonly-committed, yet nonviolent felonies were reduced to misdemeanors with penalties that included less time behind bars. In needing to house fewer criminals, the state would save money; money that would then be used to facilitate drug-treatment programs for offenders.
The first goal of Prop. 47 was an undeniable success, with jail populations beginning to decrease mere months after the law took effect. However, according to City Attorney Mike Feuer, the second part of the law, that of providing drug-treatment and rehabilitation programs to offenders, is “broken.” According to Feuer “Almost no one has gotten anything close to meaningful drug rehabilitation …” Feuer went on to state that arrests for the recently-downgraded offenses dropped by about 50% – which is likely the reason prisons and jails have seen a reduction in their populations. However, those who have been arrested for these offenses are also showing up for court less frequently than they previously did when the offenses were considered felonies and carried penalties that included significant jail time.
When these crimes were considered felonies, defendants were sometimes given a choice to either go to jail, or to go to rehab. A choice which, as you probably imagine, resulted in the overwhelming majority of defendants choosing to go to rehab rather than jail. However, with the possibility of incarceration no longer hanging over a defendant’s head, Feuer poses the question: “How do you incentivize someone to go to rehab when the consequence of a conviction is no jail time?”
Drug users have been historically viewed as criminals. Drugs are illegal, and therefore possessing and/or using them is a crime. However, with addiction being increasingly viewed as a disease rather than a crime, many people feel that simply throwing a drug offender in jail is not only a waste of time, but a waste of precious jail space that could be occupied by someone who committed a more serious offense.
At its core, Proposition 47 is likely a net-positive for the community. However, in its implementation, some problems have clearly arisen. With time and dialogue, the kinks will be worked out and Proposition 47 will be of great assistance in getting the help they need and ensuring there’s room in the jails for violent offenders.
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