Pubdate: Wed, 10 Jun 2015 Source: Appeal-Democrat (Marysville, CA) Copyright: 2015 Appeal-Democrat Contact: http://www.appeal-democrat.com/sections/services/forms/editorletter.php Website: http://www.appeal-democrat.com Details: http://www.mapinc.org/media/1343 Author: Monica Vaughan DRUG LAW'S UNINTENDED CONSEQUENCE: FEWER INFORMANTS Voters have unknowingly cut into drug agents' supply of informants, some law enforcement officials say. The Yuba-Sutter drug and gang task force, NET-5, has had difficulty recruiting low-level criminals to become informants since voter-passed Proposition 47 went into effect and undercut prosecutors' leverage to make deals, according to Commander Martin Horan. Drug possession charges used to be considered "wobblers," meaning authorities could determine if they would be charged as felonies or misdemeanors. These would come with different sentencing structures, which gave prosecutors options. Proposition 47 recategorized possession of most drugs as a misdemeanor, thereby limiting the possible sentencing for the crime to one year in jail, which can be served in six months with good behavior. Prior to Proposition 47, a sentence for felony possession of some drugs was up to three years in jail and could be more if the defendant had priors. Offenders may no longer feel motivated to make a deal to avoid jail time. Horan said he used to work with the district attorney to flip a suspect into informing for a larger investigation. When a suspect had drugs for sale, for example, agents could work with the suspect to reach the drug dealer who sold to the suspect. Yuba County District Attorney Patrick McGrath said his office never makes any promises to potential informants up front, until they hear what the defendant has to say. "If it has value, we'll follow up on it then enter a contract," McGrath said. In narcotics cases, if the informant agrees to "work a case off," he might work for agents in a number of "controlled buys" within a specific time period with NET-5. In exchange, when the defendant completes the agreed-upon tasks, the district attorney may dismiss a case, or ask for a reduced sentence. For a defendant to be motivated to be willing to work as an informant, "they need to be in enough trouble to be scared enough that they think they need to work something out," McGrath said. - --- MAP posted-by: Jay Bergstrom