Prop 36 would increase drug crime and theft penalties and allow a new class of crime to be called “treatment-mandated felonies,” which also require some offenders to participate in drug and mental health treatment.
It would also make the crime of shoplifting a felony for repeat offenders and increase penalties for some drug charges, including those involving the synthetic opioid fentanyl. It would also give judges the authority to order those with multiple drug charges to get treatment.
Supporters of the proposition say that it is a good balance between California’s ‘tough on crime’ days and the passing of Prop 47 which they blame for creating loopholes in state law that criminals use to avoid accountability for drug trafficking and retail theft. They also claim it will combat homelessness, which has risen 50% since the passing of prop 47.
The intent of Prop 47 was to reduce spending on imprisonment in California and reduce the state’s prison population as mandated by a United States Supreme Court in 2011.
During the pandemic, the rate of shoplifting and commercial burglaries increased statewide. The Public Policy Institute of California found that reported shoplifting of merchandise worth up to $950 increased 28% over the past five years.
Assemblymember Freddie Rodriguez (D-Pomona), a supporter of Prop 36, made his stance clear in a press release in August.
“As a strong advocate for both public safety and comprehensive treatment programs, I am proud to support Proposition 36. This measure strikes a necessary balance between accountability and rehabilitation, ensuring that repeat offenders of retail theft and serious drug crimes are held responsible while also offering a path to recovery for those struggling with addiction,” Rodriguez wrote.
“It’s time we prioritize the safety of our communities and provide the resources needed to help individuals turn their lives around,” he added.
Opponents of the proposition argue that it is misleading to present idea tough-on-crime policies as a solution to homelessness. They, instead, directly link so-called “tough” polices of the “War on Drugs” to the overcrowding of prisons in the state and the over-incarceration of Black Californians.
California Black Media spoke with Eric Harris and Carolina Valle of Disability Rights California who strongly oppose the Prop 36.
“The kind of rush to panic at this time is misplaced and misguided based on the actual data,” said Harris. “The first folks who are going to get penalized by these types of policies – and we know this based on our long history of criminal justice work in this state – will be Black people, Latinos, and people with disabilities – with intersections among the groups.”
While supporters claim crime is increasing in California, Valle points to statistics that say otherwise. The Center on Juvenile & Criminal Justice released a study that shows the latest crime trends for 48 California cities clearly show significant declines. The data show crime declines across almost every major crime category, including an 11% decline in theft and a 17% drop in burglary, in the first three months of 2024 compared to the first three months of 2023.
“Having a felony on your record has very drastic consequences for public safety and family togetherness,” said Valle. “Because of Prop 47, they were able to avoid a felony conviction. That person is able to get a job that they need, housing that they need, they’re able to vote, all these things that we really value for stability here in California. So, a few years ago, there was actually a ballot initiative to do exactly what Prop 36 aims to do: roll back Prop 47.”
“And voters, again, really affirmed their commitment to preserving Prop 47 and rejected that ballot initiative because you really can’t throw a rock in California without hitting somebody who has been positively affected,” continued Valle. “We want to, as voters, recommit our votes to preserving Prop 47, and we can do that by rejecting Prop 36.”
A “yes” vote on Prop 36 supports making changes to Proposition 47, which was approved in 2014, including:
- classifying certain drug offenses as treatment-mandated felonies;
- increasing penalties for certain drug crimes by increasing sentence lengths and level of crimes;
- requiring courts to warn individuals convicted of distributing illegal drugs of their potential future criminal liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine; and
- increasing sentences for theft based on the value of the property stolen.
A “no” vote opposes changes to Proposition 47 (2014), thereby maintaining certain drug and theft crimes for items valued below $950 as misdemeanors.
