By Hannah E. Meyers

In November 2014, California voters approved a criminal justice reform measure, Proposition 47 (“Prop 47”), with almost 60% support. Ten years later, California voters are now considering rolling back some of its soft-on-crime policies. Prop 47 identified six “petty” crimes—grand theft, larceny, personal drug use, forgery, and two types of check fraud—and reclassified them. It downgraded these crimes, including thefts with property values under $950 and illegal drug possession for personal use, from felonies to misdemeanors. This paper presents a data-based argument on how Prop 47 shifted dynamics in both offender behavior and prosecutorial decision-making that damaged public safety and public health. Representative data from Riverside, one of California’s largest counties, suggest that Prop 47 increased re-offending, including serious felony re-offending, detention times, failures to appear in court, warrants issued on offenders, case dismissals in conjunction with plea deals, and the persistence levels of drug and theft offenders. Additional data collected from both Riverside and San Bernardino law-enforcement agencies show a significant drop in sentencing and in arrests, due partly to the diminished incentive for businesses to promptly report thefts. These shifts have also resulted in fewer defendants participating in in-custody drug treatment programs or other mandatory, supervised services because the incentives for doing so (avoiding prosecution and significant sentences) have evaporated. And, as California business owners can attest, reducing the cost of repeatedly committing theft removes the incentive for offenders to change their behavior. This has fueled increases in organized retail theft and fencing rings. Prop 47 also strained the resources of counties, by increasing the number of defendants sentenced to serve in overcrowded jails rather than prison.

New York: Manhattan Institute, 2024. 20p.