The California State Auditor has released a report on Prop 47, the controversial criminal justice reform measure adopted by voters ten years ago. The findings could bolster the campaign to reform Prop 47 this November. That effort is embodied by Proposition 36 which, among other things, would allow felony charges for repeat thefts of $950 or less (two or more prior theft convictions).
The State Auditor examined the impacts of Prop 47 in the counties of San Bernardino and Riverside. The analysis “focused on a selection of three law enforcement agencies from the two counties and a review of two statistically valid samples of individuals convicted of offenses that were later reclassified by Proposition 47 offenses—one from 2011 and one from 2016.”
Public calls for service, law enforcement response times, and arrests were part of the assessment.
The analysis found a decrease in both the prison and county jail population following Prop 47. It also found an overall decline in recidivism, defined as convictions of a new felony or misdemeanor committed within three years of a previous conviction. However, there was a 12 percentage point increase in the number of individuals who were convicted four or more times. Among that group, theft convictions rose 14 percentage points after Prop 47 was implemented.
The Auditor concluded:
“The frequency of theft convictions at the three law enforcement agencies we reviewed increased after the implementation of Proposition 47, particularly for those who reoffended with four or more convictions.”
The audit recommends that penalties be increased for individuals who are convicted of four or more repeat offenses. This is consistent with the measure voters will be asked to vote on this fall.
The audit “confirms what we’ve known for years: repeat offenders are more likely to reoffend and the Legislature should have increased penalties on those who repeatedly violate the law,” said Republican Assemblyman Josh Hoover on X. “By voting #YESon36, voters can finally fix this failed policy in November.”
Prop 36 still has a number of high-profile opponents, including Gavin Newsom.