California voters will decide on Proposition 36 this November, a measure that aims to increase penalties for certain theft and drug-related crimes, reversing some of the 2014 Proposition 47 provisions. Proposition 47 had reclassified many petty theft and drug possession offenses as misdemeanors, but Proposition 36 proposes tougher penalties, including turning some misdemeanors into felonies for repeat offenders and mandating prison time for certain drug offenses involving substances like fentanyl and methamphetamine.
Joe Berry, President of the California Broadcasters Association, noted a shift in voter sentiment, “It polls well; people seem to support holding offenders accountable.”
Key aspects of Proposition 36 include:
Increased Penalties: The proposition would elevate some misdemeanors to felonies, such as theft of items worth $950 or less for individuals with multiple theft convictions. It also allows for longer sentences when crimes involve multiple offenders and mandates prison time for certain drug offenses.
Treatment-Mandated Felonies: The measure introduces a treatment-focused approach for repeat drug possession offenders, offering rehabilitation instead of jail time.
The measure is expected to increase state criminal justice costs, including a higher prison population and added burdens on courts, potentially ranging from tens of millions to hundreds of millions of dollars.
Supporters argue that Proposition 36 will help tackle California’s growing shoplifting and drug problems by empowering prosecutors to take stronger action against repeat offenders and potentially reducing overdose deaths through mandated treatment. However, opponents, including Governor Gavin Newsom and various justice reform groups, warn that the measure could lead to higher incarceration costs, divert funds away from rehabilitation and treatment programs, and undo the progress achieved under Proposition 47. This debate comes as the state faces a significant budget deficit amid plans to transform San Quentin into a rehabilitation center modeled after Scandinavian prison systems.
Ballots for the November General Election are set to hit California mailboxes in early October.
