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Proposition 47 and Racial Disparities in California

While the COVID-19 pandemic has required changes to law enforcement and correctional policies, widespread protests over the police-involved deaths of African Americans have intensified concern about racial and ethnic disparities in our criminal justice system. In recent years, California has implemented significant reforms that, while not motivated by racial disparities, are narrowing them.

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Video: Proposition 47 and Racial Disparities in California

By Mary Severance

PPIC’s Brandon Martin presents new research on how Prop 47 has narrowed racial inequities in criminal justice outcomes—though much work remains. An expert panel discusses how to build on this and other reforms.

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Testimony: Retail Theft in California

By Magnus Lofstrom

At a hearing of the Little Hoover Commission, PPIC policy director and senior fellow Magnus Lofstrom discussed trends in shoplifting and commercial burglary, including geographic variation across the state.

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Falling Jail Populations Have Eased Overcrowding in Most County Jails

By Brandon Martin, Magnus Lofstrom

California jails have historically faced capacity issues that required counties to release people early. However, a close look at jail populations in the wake of the pandemic shows that overcrowding is now an issue in just a handful of counties.

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The Impact of Proposition 47 on Crime and Recidivism

Passed by voters in November 2014, Proposition 47 is the subject of much debate. While supporters applaud the shift in resources from incarceration toward treatment programs, opponents express concern about the law’s effects on public safety. Did the reduced reliance on incarceration affect crime rates? Did the policy succeed in lowering recidivism?

Report

California’s County Jails in the Era of Reform

By Sonya Tafoya, Mia Bird, Ryken Grattet, Viet Nguyen

California’s county jails have been profoundly affected by several reforms over the last decade. Most importantly, in 2011, public safety realignment shifted responsibility for large numbers of non-serious, non-violent, and non-sexual offenders from state prisons to county correctional systems. This lowered the state prison population—allowing prisons to prioritize beds for more serious offenders—but increased county jail populations. Three years later, Proposition 47 downgraded a range of drug and property offenses from potential felonies to misdemeanors. The reduced population pressure has allowed jails to prioritize beds for more serious drug and property offenders who are no longer eligible for prison.

Despite the growing importance of jails, little is known about the basic characteristics of jail populations. In this report, we analyze state and local data on individuals moving through county correctional systems. Using data from 11 counties, we find that:

  • Reforms altered the offender composition of the jail population, especially among those held on drug and property crimes. After three years under realignment, the number of drug and property offenders in jails increased by 55 percent and 40 percent, respectively. One year after the passage of Proposition 47, the number of drug and property offenders fell by 35 percent and 13 percent, respectively.
  • Length of stay for felony drug and property offenders increased after realignment. For example, median time served for felony drug offenders released in October 2011 was 45 days, compared to 98 days for those released in October 2015. However, length of stay for people who served time for misdemeanors and felony crimes against persons has remained stable.
  • Releases due to overcapacity rose under realignment and dropped after Proposition 47, when jail population pressure eased.
  • The demographic composition of jails has largely remained stable. But the age distribution does show modest signs of change: the share of those ages 18–21 in jail has decreased slightly, as the share of those in their 30s has increased.

As jail populations shift toward more serious drug and property offenders, counties and the state will need to consider how jail security and rehabilitative programs might be made more effective. While researchers and policymakers continue to examine the longer-term effects of realignment and Proposition 47, it is also important to keep in mind that the recent reprioritization of jail beds may have implications for crime and recidivism.

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Crime Trends in Context

By Magnus Lofstrom

At a town hall held by Congressman Mark DeSaulnier, PPIC’s Magnus Lofstrom discussed what research has found about the consequences of key criminal justice reforms and the pattern of long-term crime trends in California and Contra Costa County.

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Proposition 47 and Crime

By Magnus Lofstrom, Brandon Martin

Reports of increases in violent crime in some areas have raised concerns. But it would be premature to blame Proposition 47.

Fact Sheet

California’s County Jails

By Magnus Lofstrom, Brandon Martin, Andrew Skelton

The statewide jail population is significantly lower than it was before the pandemic. The population is largely male and being held for felonies.

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