A state audit on the impact of Proposition 47 on Riverside and San Bernardino counties, described variously as “nuanced” and “flawed,” indicates fewer people are reoffending overall, although the recidivism rate among serial criminals has jumped.
Overall, the number of people reoffending within three years of a Proposition 47 conviction dropped by 5% in the two counties since the crime measure passed in 2014.
However, the recidivism rate spiked by 12% for repeat offenders convicted four times or more. The rate was slightly higher for theft, said the report by the state auditor’s office. The raw number of serial reoffenders amounted to 232 individuals.
The data showed that the number of serial offenders rose in the aftermath of the statewide proposition that reduced theft, burglary, forgery and drug possession from potential felonies to misdemeanors, which are not punishable by prison.
The audit reviewed the Riverside County Sheriff’s Department as well as the Riverside and San Bernardino police departments. Data was not available from the San Bernardino County Sheriff’s Department because of a much-publicized computer breach.
Under attack by law enforcement since its inception, Proposition 47 has been blamed for increased retail theft, auto burglaries and other crimes. A measure going before voters in the November election would amend Proposition 47 to increase penalties.
Assemblymember James C. Ramos, D-San Bernardino, requested the audit to gauge the effects of the proposition on the Inland Empire.
“Based on the auditor’s finding, we clearly have a problem with repeat offenders, and the Legislature needs to address the issue,” Ramos said. “Those who are running havoc in the community, there’s a need for correction.”
He noted that one offender cited in the audit had more than seven convictions. Ramos said the potential answer may be to raise the penalties in some crimes back to felonies for serial offenders.
But he added that the audit showed some components of Proposition 47 are working and that more money should be spent on ending the root causes of crime and improving programs for people reentering society after prison.
Assemblymember Eloise Gomez Reyes, D-San Bernardino, called the audit “nuanced” and said it showed that Proposition 47 had not inherently led to recidivism among low-level crimes. However, Gomez said the effects of the measure, especially among repeat offenders, still need to be explored.
“Ensuring our community feels safe, whether at home or walking down the street, is a priority and requires thoughtful, pragmatic solutions,” she said.
Riverside County Sheriff Chad Bianco called the state audit “flawed” and said it singled out Riverside and San Bernardino counties because authorities here are vocal in their criticism of Proposition 47.
“This audit is an absolute joke,” said Bianco, a conservative firebrand who is considering running for governor. He said fewer convictions doesn’t mean there are fewer crimes. And Bianco added that he believes the rate of serial criminals reoffending is much, much higher than the audit contends.
“They didn’t stop people from committing crime, they just stopped sending them to prison,” Bianco complained.
Indeed, the measure was designed to lower the prison population of what was considered nonviolent criminals. In that regard, the analysis showed that the average sentence length for Proposition 47 offenses fell by more than 40 percent, taking the pressure off overpopulated prisons.
The three audited law enforcement agencies arrested fewer people for Proposition 47 offenses — a drop of 30% for the Sheriff’s Department, 60% for San Bernardino police and 67% for Riverside police.
Bianco said the data was deeply flawed and didn’t reflect reality. Fewer victims are pressing charges, therefore fewer people are being arrested and fewer are being convicted because of meaningless penalties.
“It takes away the consequences for criminal behavior. They just made it no longer a crime,” he said.
According to the audit, a deputy with the Sheriff’s Department and an assistant chief with San Bernardino police said they believe Proposition 47 created an incentive for individuals to commit multiple crimes by reducing the consequences for repeat offenses.
The audit also cited the belief of the Riverside County District Attorney’s Office that Proposition 47 was linked to an increase in organized retail theft.
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Bianco criticized the report for failing to include statements from local business owners who have been burglarized or robbed. And in a letter to auditors, Bianco pointed to large corporations like Target that have stopped reporting petty thefts.
“Without these accounts and data, this report paints a rosier picture to the public and it is deceiving,” Bianco wrote.
Auditors recommended that the Legislature increase funding for social programs to keep people from committing crime and increase penalties for repeat offenders convicted of four or more crimes.
Bianco said the recommendations don’t go far enough.
“Why more than four times?” he said. “Why do we have to have four more victims before somebody is held accountable for their crimes.”
