"Today when I think of reentry court, I am reminded that nearly every offender sentenced to time in custody will return to the community from whence they came. And thus, every sentencing court is in fact, a reentry court, creating a pathway for the offender’s reentry into society." -Jeff Tauber

COMMENTARY

HOW I KNOW PROP. 47 IS THE RIGHT THING TO DO

[One in a series of articles on California’s Prop 47; reducing less serious felony offenses,(drug and non-drug) to misdemeanors]

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San Francisco District Attorney George Gascon

 San Francisco District Attorney George Gascon has been quoted as saying, “The [Criminal Justice] System isn’t broke  because of Prop 47, the System was broke before Prop. 47”.  To hear San Francisco District Attorney and former Police Chief  Gascon make such a bold statement is surprising, and more than that, a challenge to those of us working in the Criminal justice System across the nation.

 I agree with District Attorney Gascon. Prop. 47 is a huge change in course for a  criminal justice system that is used to increasing penalties and consequences for drug users for over a century. Over the past forty years, these less serious drug felonies have become a big part of the criminal justice system’s food chain (and we are paying for it with much needed community resources and overflowing prisons and jails).

 Clearly, the courts are a critical tool for getting the drug addicted into treatment and keeping them there. But one dosesn’t need a felony offense and the threat of prison to get it the job done. I have watched from my perch as a judicial officer since 1985, and while drug addiction is a  very serious medical and public health problem, drug possession offenses are being over-charged and over-incarcerated by the criminal justice system, even if its intent is to encourage sobriety.

I developed the Oakland Drug Court in 1990 to try to bring reason to a broken system. I went to Washington D.C. and founded the National Assocaition of Drug Court Professionals, to take that rational approach to the national level. Before returning to California in 2001, I wrote a mongraph, “Rational Drug Policy Reform” ( Center for Problem-Solving Courts, 2001). In it I proposed a simple but critical change in the law; the reduction of drug possssion felonies to misdemeanors (Chapter 2, pp. 7-11).

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COMMENTARY

San Francisco Parole Reentry Court Judge Jeffrey Tauber (ret.), presents a progoram participant with an award
San Francisco Parole Reentry Court Judge Jeffrey Tauber (ret.), presents a program participant with an award

THE SUCCESS OF CAL.PROP. 47 REFORM WILL NOT IMPACT DRUG COURTS

California’s PROP. 47 did many things and did most of them right. According to Stanford Law School’s “One Year Progress Report”‘ released on Oct 29th, as to PROP 47 cases; recidvism is down, incarceration is down, felony charges are down, and court and
custody costs are down.This is what criminal justice reform looks like.

The whole world should be watching as Prop. 47 is implemented. It reduces drug possession offenses and relatively minor property crimes to misdemeanors. It allows those with felony records to petittion the court to reduce their offenses to misdemeanors (and dismiss the offense where appropriate), opening up new opportunities to those stigmatized with a felony conviction. It saves Caifornia taxpayers hundreds of millions of dollars, freeing jails and prisons for those incorrigible and dangerous offenders who need to be there. It decriminalizes drug possession without legalizing serious drug use.

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Vision 1: Integrating Traditional Community Justice Into Penal Systems

A Prison administered by a Non-Profit Corporation could play an important part in building traditional community responsibility and accountability into our prisons

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