Rep. Kiley joins El Dorado County DA in backing initiative to reverse much of Prop. 47

District Attorneys from El Dorado, Placer, and Nevada counties joined Representative Kevin Kiley last week to discuss the initiative to increase drug and property crime penalties and allow a new class of crime called treatment-mandated felonies. Many are trying to get the Homelessness, Drug Addiction, and Theft Reduction Act on the ballot in November, and still need about 200,000 signatures to get it there. A total of 546,651 are required by June 27 to make it onto this year's ballot.

In 2014, California voters passed Proposition 47 which was touted as the "Safe Neighborhoods and Schools Act." It was supposed to reduce prison populations with reclassified penalties for dangerous drug crimes, as well as burglary, theft, and forgery crimes. The law made some non-violent property crimes, where the value does not exceed $950, into misdemeanors. It also made some simple drug possession offenses into misdemeanors.

If the Act makes it to the ballot, there will be felony charges and increased sentences for certain drug and theft crimes:

- Allows felony charges for possessing certain drugs, including fentanyl, and for thefts under $950—both currently chargeable only as misdemeanors—with two prior drug or two prior theft convictions, as applicable.
- Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed.
- Increases sentences for other specified drug and theft crimes.
- Increased prison sentences may reduce savings that currently fund mental health and drug treatment programs, K-12 schools, and crime victims; any remaining savings may be used for new felony treatment programs.

One of the things that was a result of Prop. 47 was the elimination of drug courts and the ability of judges to sentence offenders to court-mandated drug rehabilitation centers and programs. The new act proposal gives the offender the option to participate in drug and mental health treatment.

El Dorado County District Attorney Vern Pierson said there is an "explosion in the State of California" of homelessness and drug addiction, and feels the Act that rolls back many of the changes with Prop. 47 will solve much of that. He said it doesn't mean mass incarceration but they are trying to find a way to bring back consequences for taking someone's property and for offenders to face drug charges.

Many members of law enforcement were against Prop. 47. Then-South Lake Tahoe Police Chief Brian Uhler came out against the initiative, saying "I cannot imagine how anyone’s neighborhood or school will be safer by releasing thousands of known violent offenders from prison. A better title might have been, Locals Pay for the State Problem Act."

A week later he was joined by El Dorado County official (see here).