The Rev Dr. Rick SchlosserIMPACT’s Recommendation: OPPOSE
ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE
This initiative statute addresses revisions to Proposition 47 that passed in 2014 and was implemented in 2015. Prop. 47 reduced many drug charges and sentences for property theft ($950 or less) and changed simple drug possession to misdemeanors. Statistics from the Public Policy Institute of California note very little uptick in crime following that reduction in sentencing until immediately following the pandemic. Once America was “back in business” after shutdown, crimes rose though remaining substantially lower compared to the 1980s and 90s. The diversion and treatment aspects of Prop. 47 mean recidivism, repeat offending, was markedly reduced in all areas impacted by the Prop. 47 changes.
That said, retail theft after the pandemic, especially frightening ‘smash and grab’ invasions of retail outlets during business hours, have led the call for tougher penalties. These revisions would be to allow aggregation of the value of multiple property thefts possibly to exceed the $950 cut off; recriminalizing the possession of fentanyl, and a warning to those who commit such crimes twice that another is still a ‘third strike’ even if the first two did not reach the monetary limit. Revising these standards may divert money back to prison and away from community-based treatment programs as well as school funding, etc. However, those incarcerated on felonies who receive treatment may have their records expunged.
That said, upon review, it is clear that the standards here are too vague to prevent abuses of the ‘aggregation’ section. There are now, signed into law, ten bills tackling “smash and grab”, carjacking, and a few other high-visibility crimes that don’t do violence to Proposition 47. Affirming our support of Proposition 47 while knowing the real problems of these high-profile crimes are being addressed, allows us feel justice is being served by retaining our focus on the restorative aspects of Proposition 47 while respecting the legislative care for impacted retailers and citizens. We don’t need to make things worse.
CA Secretary of State site: Arguments for and against Prop 36: https://voterguide.sos.ca.gov/propositions/36/index.htm