California’s Proposition 36 is on the ballot: What is it?

California voters we’ll have a chance to vote on a measure this fall that would increase state penalties for certain theft and drug crimes by rolling back aspects of a decade-old criminal justice reform initiative.

A measure on the ballot before this fall, known as Proposition 36, would increase the penalties for those crimes by making changes criminal justice reforms made by Proposition 47 in 2014, which sought to reduce the prison population by reducing penalties for certain crimes without undermining public safety.

Proposition 47 changed the punishment for crimes such as shoplifting, grand theft, receiving stolen property and similar property crimes from a misdemeanor to a felony if the value of the property is less than $950. It also reduced the penalties for personal use of many drugs to misdemeanors.

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California voters will weigh in on the Proposition 36 reforms at the polls this fall. (David Paul Morris/Bloomberg via / Getty Images)

Critics of the 2014 measure say it contributed to an increase in property crime, including petty theft, and made California’s drug problem worse with lenient sentences. That dissatisfaction prompted opponents to promote a rollback of some of those policies by gathering signatures in the initial process to get Proposition 36 — also known as the Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative — on the ballot this fall.

What would Proposition 36 do?

Proposition 36 it can also classify certain crimes from misdemeanors to felonies. For example, it would make theft of $950 or less a felony if a person has two or more prior convictions for certain theft offenses (including shoplifting, burglary or carjacking), according to the California Legislature’s Legal Analyst’s Office.

The sentences are up to three years in state or county jail, reversing some of the reductions made by the 2014 reform law. The measurement will increase the height of others prison terms for criminal offenses – allowing sentences for theft or vandalism to be extended by three years if a group of three or more people commit the crime together.

A wide variety of retailers in California have experienced problems due to the increase in retail theft in recent years. (Bing Guan/Bloomberg via/Getty Images)

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Proposition 36 would require that sentences for certain crimes be served in prison. Sentences of selling drugs such as fentanyl, heroin, cocaine or methamphetamine may be expanded based on the amount sold. Currently, such sentences are served in the county jail or county jail based on a person’s criminal history; under the ballot measure, these sentences would generally be prison terms.

It could also create a new “authorized treatment offense” that courts could use to charge people who use illegal drugs instead of a misdemeanor. It will apply to people who possess drugs, including fentanyl, heroin, cocaine or meth, and have two or more prior drug convictions, such as possession or sale of drugs.

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The emergence of fentanyl has worsened California’s drug and homelessness problem, especially in cities like San Francisco. (Tayfun Coskun/Anadolu via / Getty Images)

People in the criminal process who have been approved for treatment will face it drug treatment or mental health and those who complete treatment will have their charges expunged, while those who do not can serve up to three years in federal prison.

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Additionally, the law would require courts to warn people convicted of selling or supplying certain drugs such as fentanyl, heroin, cocaine or meth that they could be charged with murder if they sell or supply lethal drugs. A warning could make it easier for them to be convicted of murder if they later sell or supply illegal drugs.

Support and Opposition

Proposition 36 has received support from California lawmakers and business groups, i California Republican Partylawmakers from all political stripes, as well as major retail firms such as Walmart, Target, Home Depot, Walgreens and 7-Eleven. They argue that the changes will deal with the increase in shoplifting and tackle the drug problem.

Opponents of this program include Gov. Gavin Newsom of California, labor unions, criminal reform advocates and California Democratic Party. They argue that Proposition 36 will increase spending on prisons and represent a return to mass incarceration, while perpetuating what they see as racial inequality in the criminal justice system.


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