‘Walking out of jail’: Prop 47 frees felons with downgraded charges

Aljazeera

Within days of Californians’ overwhelming approval of an initiative that knocks low-level felonies down to misdemeanors, life behind bars is ending for hundreds of felons and felony suspects.

Public defenders throughout the state kicked into overtime, working even on Veterans Day to handle thousands of cases of people awaiting verdicts or already doing time.

More than 4,700 state prison inmates are eligible for resentencing and possible release under the new law, according to the California Department of Corrections and Rehabilitation. Thousands more serving time in county jails or awaiting trial could end up with lighter sentences and walk free.

Under Proposition 47, California is the first state to reduce a wide array of nonviolent crimes from felonies to misdemeanors — including drug possession, theft, possession of stolen goods, forgery, shoplifting and check or credit card fraud involving less than $950. Defendants with histories of violence or sex offenses are not eligible for more lenient charges.

“After the election, those crimes are no longer felonies,” said Allen Hopper, criminal justice and drug policy director for the American Civil Liberties Union of California. The national ACLU contributed $3.5 million in support of Prop 47.

“In many cases, prosecutors are just dismissing the charges or working out a plea. People incarcerated waiting for trial are walking out of jail with no conviction,” Hopper said.

Thirteen other states classify simple drug possession as a misdemeanor; California is the first to reduce such charges across the board.