LAKE COUNTY, Calif. – In the wake of the Nov. 4 passage of a voter initiative to reduce some felony crimes to misdemeanors, hearings held last week in Lake County Superior Court led to a number of inmate releases as well as sentence reductions.
Proposition 47, The Safe Neighborhoods and Schools Act, reduces felonies such as commercial burglaries, forgeries, vehicle theft and stolen property possession to misdemeanors when the thefts total less than $950, and also reduces most firearm thefts and drug possession charges from felonies to misdemeanors, as Lake County News has reported.
The state Legislative Analyst's Office has estimated that the proposition could save several hundred million dollars annually for county criminal justice systems across the state, with the net state criminal justice system savings reaching the “low hundreds of millions of dollars” each year.
An analysis completed by the Center on Juvenile and Criminal Justice attempted to give a more specific range to the Legislative Analyst's Office's conclusions, estimating that Proposition 47 could result in between $400 million and $700 million in savings to counties every year, freeing from 10,000 to 30,000 jail beds on an annual basis.
However, vocal opponents such as the California Police Chiefs Association argue that the proposition is creating danger to the community by making as many as 10,000 inmates eligible for early release and overburdening the justice system with petitions to change sentences.
The initiative went into immediate effect after the Nov. 4 election and is retroactive.
It is impacting both current cases working their ways through the courts and cases where time already is being served, with those convicted of the crimes listed in the initiative able to petition to have sentences reduced.
Last Tuesday and Wednesday, several Lake County Jail inmates were let out as a result of the proposition, according to District Attorney Don Anderson, who – along with Clearlake Police Chief Craig Clausen and Lakeport Police Chief Brad Rasmussen – opposed the initiative.
Then, on Thursday in Lake County Superior Court the first Proposition 47-related hearings were held, Anderson said.
He said a total of 85 cases – involving between 40 and 50 defendants – were heard that day.
By noon, 17 people had been released from the Lake County Jail, with about 10 more released later in the day, he said.
“Some of the people who were being released were pretty hardened criminals,” said Anderson, offering as an example individuals who were in jail for drug possession but had lengthy histories of violent crimes.
Another 20 to 30 individuals had charges or sentences reduced as a result of those hearings, he said.
In many of those cases where inmates remained in custody, the sentences may have been modified or reduced but inmates still had more time to serve so were not released, Anderson explained.
Still more petitions for sentencing changes are coming into Anderson's office, he said, with more hearings to be scheduled. He estimates hundreds more petitions are coming in the next year.
In some cases, Anderson and his prosecutors – all of whom have cases that are being affected – can oppose reduced sentencing petitions by raising concerns relating to the danger certain individuals may pose to the community.
He said the process is putting a heavy burden on his prosecutorial staff.
Anderson credited the superior court with doing a good job of managing the large caseload that has resulted from Proposition 47, with judges moving quickly through the cases.
A number of felons sentenced in Lake County and sent to state prison also are facing the potential for release, according to Anderson.
He said the California Department of Corrections and Rehabilitation has informed his office that 19 such individuals in the state prison system are eligible to either be released or have their sentences modified due to the changes implemented under Proposition 47.
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