Reflecting a growing movement for justice reform, California voters overwhelming passed Proposition 47, which reclassifies some "non-serious and nonviolent" property and drug crimes from felonies to misdemeanors. The provisions of this new law terminate in November 2017, which provide Defense Counsel with a limited period of time to identify, locate, and provide legal services to eligible defendants.
By prioritizing an aggressive community outreach strategy in partnership with local community-based organizations and other government departments, the Public Defender's Office has become a statewide leader in Proposition 47 work. The department's efforts have resulted in the swift release of eligible persons from incarcerations, reductions for all known eligible felony probationers (more than 1,000 defendants) and the filing of resentencing and reclassification petitions in approximately 4,000 cases.
There are reclassification provisions in Proposition 47 allowing for the reduction of prior felony convictions retroactively. According to data received from the County's Department of Information Technology, between 10,000 to 15,000 convictions are potentially eligible for reclassification. Thanks to the incremental staffing made possible through grant funding in early 2016, over the past eight months we have exceeded our primary goal - to provide substantial relief from criminal convictions for 1,740 cases by the end of calendar year 2016 - by 149%.
The initial eight-month pilot phase served as proof of concept - that dedicating time and resources to a coordinated, multi-agency effort can benefit not only individual defendants but the entire judicial system.
Solicitation of supplemental funding from non-profit foundations has previously resulted in three (3) individual awards combining to the sum of $98,503 to augment the public funding commitment to this important work.
Currently the Proposition 47 Outreach Program has three (3) temporary clerical positions that work under the supervision of a Deputy Public Defender to accelerate the Proposition 47 activities already underway. The job duties include: client intake, review of closed cases, drafting and filing of petitions, preparing files for hearings, client communications and notification and conducting outreach events throughout the County. Continuation of the program is to be funded by the San Francisco Foundation in the additional amount of $50,000 for two temporary clerks for an eight-month period beginning April 1, 2017.