Re-sentencing Prop 47

California Proposition 47 (P.C. 1170.18) – the Reduced Penalties for Some Crimes Initiative.

The initiative reduces the classification of most “nonserious and nonviolent property and drug crimes” from a felony to a misdemeanor. Specifically, the initiative:

Prop 47 mandates misdemeanors instead of felonies for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. A list of crimes that will be affected by the penalty reduction are listed below.

Prop 47 permits re-sentencing for anyone currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors.

About 10,000 inmates will be eligible for resentencing, according to Lenore Anderson of Californians for Safety and Justice.

Prop 47 requires a “thorough review” of criminal history and risk assessment of any individuals before re-sentencing to ensure that they do not pose a risk to the public.

Prop 47 creates a Safe Neighborhoods and Schools Fund. The fund will receive appropriations based on savings accrued by the state during the fiscal year, as compared to the previous fiscal year, due to the initiative’s implementation. Estimates range from $150 million to $250 million per year.

Prop 47 distributes funds from the Safe Neighborhoods and Schools Fund as follows: 25 percent to the Department of Education, 10 percent to the Victim Compensation and Government Claims Board and 65 percent to the Board of State and Community Correction.

Prop. 47 requires misdemeanor sentencing instead of felony for the following crimes:

  • Shoplifting, where the value of property stolen does not exceed $950
  • Grand theft, where the value of the stolen property does not exceed $950
  • Receiving stolen property, where the value of the property does not exceed $950
  • Forgery, where the value of forged check, bond or bill does not exceed $950
  • Fraud, where the value of the fraudulent check, draft or order does not exceed $950
  • Writing a bad check, where the value of the check does not exceed $950
  • Personal use of most illegal drugs

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