Prop. 47 passes, reducing some crime penalties (CA)

[Jabberwocky]

Proposition 47, to reduce sentences for some crimes, passes, AP reports.

Penalties for common drug and theft crimes in California will be reduced from potential felonies to misdemeanors, shortening the time some offenders spend behind bars.

Crimes covered by the measure include drug possession and the following offenses when less than $950 is involved: shoplifting, check and credit fraud, forgery, theft and possession of stolen goods.

As with other misdemeanors, the new maximum sentence will be one year in jail, down from a maximum of three years. Those with histories of violence or sex offenses will be ineligible for the lighter sentences.

Most offenders affected by this measure already serve their sentences in county jails, and many are released early.

However, anyone already serving prison time for a felony conviction on a reclassified crime may be able to petition for a new sentence -- even those incarcerated under the state's “three strikes” law.

Any reductions in state prison spending that result from Proposition 47 will go to a fund for crime victims, the state jails commission and the California Department of Education.

http://www.latimes.com/local/political/la-me-ff-prop-47-drug-possession-20141103-story.html

 

[Dawglaw]

Felony for possession of drugs is one of the worst laws that was around.

The Government is finally starting to realize that the drug war will never be won.

 

[Jabberwocky]

Ironically, and this fucking pisses me off, after talking with some lawyers last night after this article came out, it seems that those sentences to DEJ programs* because of breaking the former laws charging one with a felony for offenses that would, under the new law, only end in a charge of misdemeanor, probably won't be able to get any new hearing. This is shit that makes the law so intricate and sickening for me. A number of people are working on addressing this issue as well as a few other that seem to be "exceptions" to the law under the new policy, so we shall see.

From my own experience, I find it hard to believe that the requirements of any diversion program wouldn't be quite different under a misdemeanor than those required of folks faced with a felony (tl;dr that felony DEJ programs are not the same as misdemeanor DEJ programs, under the new or old law).

*Deferred Entry of Judgement: For felonious drug crimes such as attempted possession - even under the most circumspect of circumstances - and possession, to which the defendant pleads guilty, the guilty plea is, in a way, set aside, while the (now) so-called defendant is required to attend 20 weeks of "drug education classes" and go to 20 "self help group meetings"/AA and remain available for compulsory drug tests at any time during a period of 18 months after the Deferred Entry of Judgement is originally entered, a period which begins with the 20 weeks of classes/AA; if the defendant fulfills these requirements, the guilty plea is thrown out, the case is dismissed and any felony is erased from their record; if the defendant comes up dirty for any illegal substance/pharms on any UA, is charged with any other felony or certain misdemeanors during the 18 months, doesn't complete the 20 weeks of classes/AA in the time allotted or pisses the probation department or DA's office off during this period, their "guilty plea" is entered into judgement and they're sent to prison for 1-3 years.