Proposition 36, one of 10 new propositions coming to California in November, will allow felony charges for the possession of certain drugs and for thefts under $950, if the defendant has two prior drug or theft convictions.
Currently, theft of $950 or less is generally considered a misdemeanor. Voting yes on Prop 36 would change this to be considered a felony charge if the defendant has two prior convictions and ensure defendants convicted of certain drug or theft crimes receive increased punishments, as stated in the California voter’s guide.
Prop 36 would increase punishments in three ways:
- Turn certain misdemeanors into felonies
- Lengthen some felony sentences
- Require some felonies be served in prison rather than county jail
Prop 36 not only would increase punishment for certain drug and theft-related crimes, it would also create a “treatment-focused court process” for certain drug possession crimes, the California voter’s guide states.
Those who have two or more past convictions for some drug crimes and are charged with possessing certain drugs would receive mental health or drug treatment and would have their charges dismissed once they finish treatment.
Prop 36 would also ensure the courts warn those convicted that they may be charged with murder if they continue to sell illegal drugs and someone dies.
The proposition allows felony sentences for theft to be lengthened up to three years if the crime was committed by three or more people together, the California voter’s guide states.
The pro-argument of the California voter’s guide stated the new prop would make communities safer as it addresses theft and drug trafficking.
“Prop. 36 will fix the mess our politicians have ignored for far too long,” the pro-argument of the California voter’s guide states. “It is a balanced approach that corrects loopholes in state law that criminals exploit to avoid accountability for fentanyl trafficking and repeat retail theft.”
Those opposing Prop 36 claim it would only lead to more crime.
“This is a one-size-fits-all prison-first approach,” the con-argument in the California voter’s guide said. “It will lock up people who are not a danger, slash desperately needed money from proven crime prevention and treatment programs and cost taxpayers hundreds of millions more on prisons.”
The fiscal effects of the proposition, if passed, would be state and local criminal justice costs increasing, as it would increase in state prison population, increase in state court workload, net increase in county jail and community supervision population and increase in local court-related workload.
This would range annually from several tens of millions of dollars to the low hundreds of millions of dollars. For local criminal justice costs, it would likely be tens of millions of dollars annually, as stated in the California voter’s guide.
However, Prop 36 would reduce the state savings by undoing parts of Prop 47, which aims to reduce nonviolent crimes from felonies to misdemeanors.
Supporters of Prop 36 include the Crime Victims United of California, the California District Attorneys Association and the Family Business Association of California.
Those against the prop include Diana Becton, District Attorney Contra Costa County and the Crime Survivors for Safety and Justice.
The California general election will take place on Nov. 5 but ballots began mailing out in Butte County Oct. 7.
Beatrice Williams can be reached at [email protected].
