Even after Prop47, California Health and Safety code 11350 permits a person convicted of simple possession of drugs to be imprisoned up to 359 days for first offense, longer for subsequent offenses. This is current law. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=11350 …https://twitter.com/SonjaTrauss/status/1270173404662951937 …
But neither @GeorgeGascon nor @chesaboudin engaged in smart and focused prosecution. They just plead people out, and let them go back to the street without any treatment, blaming Prop47 for their ideologically-driven decision not to prosecute anyone for drug-related crimes.
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In the hands of a smart, focused, and creative prosecutor, even the current version of HSC-11350 could provide sufficient motivation for someone who needs treatment to opt for it, instead of spending a year in county jail. But that’s not what we have here.
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And no one, including me, is suggesting a return to the war on drugs, zero tolerance, mass incarceration days. We have seen that people who need treatment most are the least likely to seek it voluntarily. Smart use of existing law could nudge those people in the right direction
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And stop blaming Prop47. This is entirely on
@SFDAOffice ideologically driven reading to interpreting the law. The blame largely lies with DA policies, not the law.Show this thread
End of conversation
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