'I Don't Want to Go Back to the Ballot': Assembly Speaker Rivas Opposes Changes to Proposition 47

California Assembly Speaker Robert Rivas (D-Salinas) on Thursday said he didn’t want to ask voters to reverse parts of Proposition 47, the state’s controversial criminal justice reform law that some critics blame for increases in rates of shoplifting and organized retail theft.

“I don’t want to go back to the ballot,” Rivas said on KQED’s Political Breakdown. “I don’t think we need to repeal Prop. 47.”

Rivas joins the two other most powerful Democrats in Sacramento — Gov. Gavin Newsom and Senate President Pro Tem Mike McGuire — who previously stated their opposition to bringing the question back to voters. Rivas, McGuire and Newsom all say the state can tackle retail theft issues through the legislative process.

Catch up fast: California voters passed Proposition 47 in 2014, as the state faced a U.S. Supreme Court order to reduce its prison population and as public opinion swung away from tough-on-crime laws that dominated criminal justice in previous decades.

The ballot measure lowered simple possession of illegal drugs from a felony to a misdemeanor and raised the felony threshold for theft from $400 to $950.

The thinking behind the ballot measure, which passed with nearly 60% support, was that expensive jail and prison beds should be reserved for people who pose a threat of violence and are not an appropriate place for drug addicts and minor thieves. It was crafted so that the state would have to reinvest the cost savings from fewer people in jails and prisons into treatment programs.

Proposition 47 has saved the state more than $800 million by keeping people out of jails and prisons — $113 million this fiscal year alone, according to the governor’s Department of Finance.

Law enforcement leaders have always opposed the law and, in recent years, have blamed the measure for increasingly visible retail theft problems in California, ranging from repeat offenders who shoplift small amounts to organized retail crime rings that steal merchandise to resell it. The brazenness of these crimes, which are often caught on video, has increased political pressure on Democrats in Sacramento to act.

A KQED analysis of Proposition 47 found that law enforcement has been less aggressive in recent years in arresting low-level shoplifters and that Proposition 47 is often blamed for crimes that it doesn’t directly affect, such as large-scale organized retail theft.

Why it matters: Rivas’ comments could rankle some members of his caucus who are clamoring to change Proposition 47 on the ballot. Six Assembly Democrats have signed on to a bipartisan bill that would ask voters to approve additional jail time for people convicted of theft who have two or more prior shoplifting offenses.

And Kevin McCarty, chair of the Assembly Public Safety committee and a key Rivas ally has refused to close the door on changes to Proposition 47.

“We’re not picking and choosing which ideas are moving forward yet,” McCarty said at a February press conference. “Everything is on the table.”

What comes next could be a key test for Rivas’ promises of an egalitarian speakership, in which more bills will be given the opportunity of a public hearing. How far will Rivas allow proposals to advance that he personally opposes?

What they’re saying:  Rivas and Assembly Democrats rolled out a bill in February to tackle organized retail theft. While many other proposals focus on increasing criminal penalties for shoplifting, Rivas said the Assembly legislation targets a different key player: The online marketplaces where stolen goods are often resold.

“There’s an undeniable connection when it comes to the proliferation of organized retail theft and the ease in selling stolen goods on these online marketplaces and e-commerce platforms,” he told Political Breakdown. “And so expecting more transparency and accountability from them needs to be part of the solution. They have to do much more to prevent the sale of stolen goods.”

The legislation would, among other things, require online sellers to maintain records showing that goods were legally obtained.

Rivas said, in general, he remains committed to criminal justice reform and the strides the state has made in that direction.

What we’re watching: Bills to push Proposition 47 changes onto the ballot could receive hearings in the coming weeks — along with other proposals that aim to reduce shoplifting without going to the voters. Those changes, backed by Newsom, include proposals that would make it easier for law enforcement and prosecutors to arrest and charge shoplifters.

Meanwhile, groups representing retailers and prosecutors are collecting signatures to qualify a ballot measure to create new felonies for repeated theft. Rivas said Thursday he remains confident that a compromise can be achieved to avoid a bruising ballot fight this November.

“I prefer the legislative process because it allows us to engage all stakeholders and refine any bill throughout that process,” Rivas said. “When you talk about Prop. 47, the important criminal justice reforms we have taken in this state — for me personally, there’s no going backwards.”

Listen up: Check out the full episode of Political Breakdown, on which Rivas talked to Marisa Lagos and Scott Shafer about his first year as Assembly speaker, the state budget, and how he has dealt with a stutter throughout his life.