Can Inmates at Wasco Get Out Under California Prop 47?

California Proposition 47, passed by voters in November 2014, reduced certain non-violent drug and property offenses from felonies to misdemeanors. It authorized defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions.

Individuals currently serving sentences in jail or prison or under court supervision for crimes reduced to misdemeanors under Prop 47 would be eligible for reductions and resentencing. The qualifying offenses include most drug possession charges and property offenses involving less than $950.

Whether someone at Wasco State Prison qualifies depends entirely on what they are serving time for. The state excludes individuals previously convicted of serious, violent, or sexual offenses as defined in the state penal code. Prior violent history can disqualify someone even if the current offense would otherwise qualify.

To pursue resentencing, the inmate must file Form CR-180 in the superior court of the county where they were originally convicted. There is typically no fee to file. A California criminal defense attorney can review the specific case and determine whether a petition is worth pursuing. The judge has discretion to deny a petition if they determine that resentencing would pose an unreasonable risk to public safety.

Worth noting: California's Proposition 36, passed more recently, is projected to significantly reduce the impact of Proposition 47 on the prison population going forward. Anyone still potentially eligible should pursue resentencing without delay.