Pubdate: Sun, 19 Jul 2015
Source: Sacramento Bee (CA)
Copyright: 2015 The Sacramento Bee
Contact: http://mapinc.org/url/0n4cG7L1
Website: http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: Thomas G. Hoffman
Note: Thomas G. Hoffman formerly served as deputy police chief of 
West Sacramento and director of the Adult Parole Division for the 
California Department of Corrections and Rehabilitation.

MISREPRESENTING IMPACT OF PROPOSITION 47

In my 34-year career in law enforcement, I have seen many 
misrepresentations of crime and criminal justice policies.

That practice, sadly, continues as California makes important, 
necessary changes to its justice systems. The most recent example is 
the column "Safety is about more than securing our borders" (Insight, 
Marcos Breton, July 15).

The column misrepresents the intent and impact of Proposition 47, a 
voter initiative Californians approved in November to change six 
low-level, nonviolent offenses from felony to misdemeanor 
punishments. I voted for Proposition 47 because it will reduce waste 
in a bloated prison system that has had a recidivism rate of 60 
percent for decades.

Distortions of the law, and other necessary reforms, undermine 
critical conversations we must have about how to best pursue safety 
and justice.

Here are the facts: Proposition 47 changed six felonies to 
misdemeanors, specifically: simple drug possession and low-level 
property crimes under $950 (shoplifting, writing a bad check, 
forgery, petty theft and receipt of stolen property). The measure 
excludes anyone with a previous sex offense or murder conviction from 
benefiting in any way.

That's all. All other crimes can be charged exactly as before.

Another falsehood is that people committing Proposition 47 offenses 
cannot be arrested and jailed. Not true. Law enforcement has the same 
discretion as before to arrest and detain someone who commits a 
misdemeanor or felony. If they choose not to, that is a matter of 
local practice, not based on Proposition 47.

But especially surprising is when I hear officials or media long for 
old approaches. Our overinvestment in incarceration and 
underinvestment in strategies that address the drivers of crime 
especially drug addiction and mental illness  created a revolving 
door in our jails and prisons.

This was incredibly expensive and bad for public safety. For years 
Sacramento and other counties were forced to release people convicted 
of serious and violent crimes early because of crowded jails. Now 
officials acknowledge that Proposition 47 has reduced crowding, 
allowing sheriffs to end the practice of early release for the most 
dangerous people.

And if someone is in prison or jail with a Proposition 47-eligible 
felony, they must petition a judge for resentencing. Under the 
proposition, there is no automatic release.

Finally, Proposition 47 will allocate savings from reduced 
incarceration to treatment and prevention programs.

That is what public safety - and voters - call for, not more 
politicized rhetoric about crime and justice.
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MAP posted-by: Jay Bergstrom