California passed Proposition 47 during this past’s November’s elections. The proposition changes certain offenses from felonies to misdemeanors. This affects cases in the future, those that have yet to be decided, and in some instances cases from the past.
According to the California Department of Corrections and Rehabilitation, up to 7,000 prisoners can apply for their sentences to be reduced or be re-sentenced.
The types of offenses that are included in Proposition 47 are (these are dependent on prior convictions and those with violent, sex and serious offenses will not be considered under Proposition 47):
- Shoplifting – unless the stolen property is worth more than $950.
- Forgery – unless the amount forged is more than $950. Identity theft is not included in this and will still be considered a misdemeanor.
- Passing checks with insufficient funds – unless the value of the check is more than $950.
- All types of theft – unless the property stolen is more than $950.
- Receiving stolen property – unless the received stolen property is over $950.
- Petty theft with a prior – this is dependent on the types of prior convictions though.
- Possession of drugs – including cocaine, heroin and methamphetamine.
- Possession of concentrated cannabis.
The driving force behind Proposition 47 is to prevent prisons from filling up with people who are serving for non-violent crimes. This could save money and allow those funds to be redirected to programs that prevent crime.
Those most affected are those who have been charged with offenses on or after November 5th, 2014. This includes those who have charges pending and/or are waiting for sentencing as of November 5th, 2014.
For those wanting to learn more about re-sentencing, reference Penal Code § 1107. 18.
For those interested in learning more about Proposition 47, the affects of the proposition, and more details on who and what the proposition directly affects, click here.
Article Provided by Fisher & Associates P.C.