Merced County jail population falls in wake of Prop. 47

Jail bookings in Merced County have fallen by more than 25 percent over the last two months with the passage of Proposition 47, which reduced certain drug-related crimes from felonies to misdemeanors.

A total of 885 people were booked into jail in Merced County in October, a month before voters approved Proposition 47, Sheriff Vern Warnke told the Sun-Star.

In December, a month after the new law passed, the county booked 661 people into jail.

“That reduction in jail population is positive for the jail, but I don’t think it’s positive at all for the citizens,” Warnke said Friday. “Jail is meant to keep certain people that create havoc for society away from society.”

California voters overwhelming approved Proposition 47 in the Nov. 4 election, with nearly 60 percent voting for the new law, according to the California secretary of state’s office.

The measure reduced certain drug and theft-related crimes from felonies to misdemeanors and allowed certain offenders previously convicted of those crimes to apply for reduced sentences, according to the California Legislative Analysts Office.

The analysts’ office estimated the new law would eventually save state and county courts and governments “hundreds of millions” each year. The savings is expected to be diverted into the Safe Neighborhoods and Schools fund, authorities said.

The hotly debated proposal was widely supported by San Francisco District Attorney George Gascón, the American Civil Liberties Union, church groups, and labor and teachers unions. It was opposed by many in law enforcement, including the California associations representing sheriffs, police chiefs and district attorneys, according to Ballotpedia, a nonpartisan voter information website.

The ACLU of Northern California did not respond Friday to requests for comment.

The reduction in jail population stemming from Proposition 47 has essentially eliminated some of the measures Merced County correctional officers were using to house inmates, such as early releases, Lt. Jason Goins acknowledged.

“We now have beds available, which lets us keep people in here who belong in here,” Goins said. “Prior to this, we were having early releases to combat overcrowding. So that part of it is a good thing for the jail, but for the (deputies) on the street, it’s different.”

Goins also noted that winter tends to be a slower time of year, with fewer arrests than in the summer. He said it will take some time before the full effect of the new law is completely understood.

Warnke said the reduction in jail population aside, he believes Proposition 47 is a bad law.

“I think it gives career criminals the green light to take advantage of a law intended to give people a second chance,” Warnke said. “I’m all for giving people a second chance, but this lets the bad guys know there are no consequences for their actions.”

Warnke referenced an incident earlier this week in Livingston as an example. On Wednesday, a 21-year-old Turlock man on probation allegedly stole a jar of coins from a restaurant. He reportedly struggled with the Livingston police officers who confronted him but was eventually cited and released.

Prior to Proposition 47, the suspect would have been booked into jail on suspicion of at least two felonies, Police Chief Ruben Chavez said, adding that he too is disappointed with the new law.

“But after struggling with those officers and affecting the quality of life for the business owner, he (the suspect) gets a ticket,” Warnke said of the incident.

Merced police Capt. Tom Trindad echoed the sheriff’s sentiments.

“There’s obviously going to be some fallout from something like this,” Trindad said. “It sends a message to the wrong people that they will not be held as accountable as they once were and, unfortunately, there are some people, maybe only a small percentage, but there are some people that really need to be incarcerated that won’t be now.”

This story was originally published January 9, 2015 at 10:00 PM with the headline "Merced County jail population falls in wake of Prop. 47."