On November 4, 2014, California voters approved a voter initiative which requires that certain crimes MUST be filed as misdemeanors. This appears to be an effort by the state of California to reduce the number of people in the state prison system. From now on theft offenses for less than $950.00 must be filed as misdemeanors-even if the person has an extensive prior record of theft offenses. This is significant because a person can only be sentenced to one (1) year or less on a misdemeanor and he stays in the county facility where the crime was committed. Previously, three or more petty theft cases for very small amounts could land a person in prison under Penal Code Section 666. However, that is no longer the case and the person cannot be sentenced to more than one year and cannot go to prison no matter how many petty theft cases he has under Proposition 47. Notably, the maximum jail penalty on a petty theft is 6 months, so from this point on it would appear that no matter how many prior petty theft convictions you have, as long as they are under $950.00, you cannot be sentenced to more than 6 months in jail.

Notably, if you are in prison for multiple petty thefts or grand thefts and the last case that sent you to prison involved a value of less than $950.00, you can be resentenced on this matter, meaning that the court will review the case and remove you from state prison and have you serve more than likely a much shorter sentence in the county jail. There may be some exceptions to this if you have prior violent convictions. The law is still being fleshed out but you can petition to have your case reviewed IMMEDIATELY if you fall into any of these categories. The only exception to that is if the court finds you are public safety risk. The definition of that seems vague and would probably be a determination made by the Judge.

Also drug offenses wherein the person is only charged with personal use because he only has a personal use amount on him, MUST now be filed as a misdemeanor. Meaning, once again that the person cannot do more than one year in jail. Previously, an individual was facing a maximum of 3 years on possession of a personal use amount of any controlled substance except for marijuana possession for personal use which has always been a misdemeanor and sometimes an infraction.

So for example, possession of methamphetamine under Health and Safety Code Section 11377(a) can only be filed as a misdemeanor; normally it is filed as a felony although it can be filed as either. Where this new law will really make a difference is when people are charged with possession of cocaine or heroin under Health and Safety Code Section 11352(a) which previously was only filed as a felony. Now those individuals are only facing misdemeanors which reduces their exposure to a year in county jail.

What will be interesting to see is what happens to people in the Penal Code Section 1210 program also known as Prop 36. It was the case that multiple fall outs from the program for personal use alone could land you in prison. However, under this new law it seems like the most the court can do for fall outs from possession for personal use is sentence the person to one year in county jail.

For first time offenders Prop 47 will have little practical effect but for individuals with multiple convictions this law could make a huge difference in their sentence. Please contact Attorney Will Bruzzo if you have any questions about your particular situation.

It was announced on Tuesday, April 12, 2012, by Sheriff Lee Baca that a section of the Los Angeles County Men’s Central Jail will be closed and the inmates would be moved to other locations. The inmates will be moved to other counties or fire camps but Sheriff Baca did not detail when the closure will start. There had been discussion about closing this ancient sector of the jail depending on the construction of a better facility. The closure will go through independent of the construction proposal and is based on a review commissioned by the American Civil Liberties Union. The report explains that the number of inmates at the jail could be reduced by transferring them to electronic confinement. The facility had been in the spotlight in reference to violence amongst inmates and abuse of force by guards. The design of the cell blocks are considered obsolete by today’s standards, a point of concern considering that violent inmates are housed in that sector.

View KABC Los Angeles news coverage:

Criminal Law Updated by the Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636

Related Articles

• Sheriff considers closing part of Men’s Central Jail (abclocal.go.com)
• ACLU Study: Men’s Central Jail Can Be Shuttered By 2013 (losangeles.cbslocal.com)

At a council meeting on March 9, 2010, Orange County Sheriff Sandra Hutchens offered a proposal to house 838 U.S. Immigration and Customs Enforcement (ICE) detainees at two of the Orange County jails – Theo Lacy and James A. Musick Facility. Most of the ICE detainees are former federal, state or local inmates who were unable to provide proof of citizenship at the time of their arrest and were turned over to ICE after serving their sentence.

Sheriff Hutchens’ proposal was not well-received by both the Mayor and Councilmen. Both were “uncomfortable” with the Sheriff Department’s proposal especially since there was an issue of it violating the city’s 15-year-old agreement with the county, which specifies jail perimeters and limits on inmate population. According to the Orange County Register, Hutchens said “she did not believe the proposal would violate the existing agreement with the city because nothing new would be added to the jail.” She further stated, “We have no intention of increasing the population above what was discussed (in the agreement).”