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California Proposition 36: Increases penalties for certain drug and theft offenses

This measure reverses some of the reforms contained in Proposition 47, the historic measure passed by voters in 2014 that reduced penalties for most drug possession crimes and petty thefts.

The move comes amid an increase in high-profile robberies and the fentanyl crisis.

Prop. 36 would do three things. First, it would increase criminal punishment for drug and theft crimes. Second, it would create a new requirement that people arrested for drug possession crimes be sent to either a drug rehab facility or a state prison.

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Third, courts would need to warn people convicted of selling or supplying illegal drugs that they could be charged with murder if they continue to do so and someone dies.

Official title on the ballot: Proposition 36 – Allows felony charges and increases penalties for certain drug and theft offenses. Statutes of the initiative.

You will be asked: Should California impose felony charges for possession of certain drugs and theft under $950 if the defendant has two prior drug convictions or theft convictions? And also increase penalties for other specific drug and theft offenses and allow defendants who plead guilty to drug possession and complete treatment to have their charges dismissed.

WHAT YOUR VOICE MEAN

  • A “yes” vote means: People convicted of certain drug or theft crimes could receive higher penalties, such as longer prison sentences. In certain cases, people who possess illegal drugs must complete treatment or serve a prison sentence of up to three years.

  • A “no” vote means: Penalties for drug and theft offenses remain the same.

Understanding Prop. 36

Prop. 36 is in response to the increase in petty theft, shoplifting and robberies across California. Supporter say that many people who commit these crimes are drug addicts, although there is no data to support this.

How it would work

Petty theft: The measure turns certain offenses into criminal offenses. For example, stealing items valued at $950 or less is currently a misdemeanor. Under Prop. 36, it is a felony if you have two or more prior convictions for certain theft crimes (such as shoplifting, burglary or carjacking), according to the State Legislative Analyst's Office.

The penalty would be up to three years in county jail or state prison, as opposed to the current one year in county jail for a misdemeanor.

Robberies: Under Prop. 36, sentences for theft or property damage crimes can also be extended by up to three years if three or more people committed the crime together.

Crimes requiring treatment: People convicted of possession of certain drugs (such as fentanyl, heroin, cocaine or methamphetamine) and who have been convicted twice in the past for drug-related offenses, including drug possession, would face the choice of undergoing rehabilitation or going to prison to go. Those who complete treatment will have their charges dismissed. Anyone who does not complete treatment can face a prison sentence of up to three years.

Required warnings: The measure requires courts to warn people that they could be charged with murder if they sell or provide drugs that kill someone. The warning would be directed at people convicted of selling or supplying certain drugs, including fentanyl, heroin, cocaine and methamphetamine.

What people who support it say

Supporter This includes the California District Attorneys Association.

“We're tackling the core of the retail theft problem, which is the people who steal repeatedly,” said Greg Totten, the association's president. Much of the rest of law enforcement also supports Prop. 36. Totten praised the measure's efforts to target robberies involving three or more people. “It is inevitably a more serious offense and has a greater impact on the dealer,” Totten said. “We believe these provisions will help us address the explosion in retail theft,” he added.

Major retailers like Walmart and Target also support the measure.

What people who are against it say

Opponents of the measure include Sam Lewis, who leads the Anti-Recidivism Coalition in Los Angeles. It is a justice reform group that also helps people get out of prison.

He called the measure “fear-mongering” and unnecessary, adding that there was no need to increase penalties for drug and theft offenses if police were doing their jobs. “Police could stop petty thieves if they make misdemeanor arrests,” he said. Many police officers have complained that misdemeanors are not worth their time.

Lewis also said the measure amounts to a return to excessive incarceration for minor crimes. “We did mass incarceration,” he said. “We saw that it wasn’t working and that’s why we moved away from it.”

Financial impact

According to the state's Legislative Analyst's Office, Prop. 36 would increase the state's criminal justice costs, “likely from tens of millions of dollars to the low hundreds of millions of dollars per year.”

The LAO says Prop. 36 would increase costs in two ways:

  • Increase in the number of state prisons. It would require some people now serving their sentences at the county level to serve them in state prison. It also extends some prison sentences. Overall, the prison population could increase by around a few thousand people. (There are currently about 90,000 people in prison.)
  • Increased workload of the regional courts. This is because criminal offenses usually take more time to solve than administrative offenses. In addition, crimes requiring treatment would increase the workload of the courts.

Follow the money

Listen: AirTalk addresses Prop. 36

Prop 36: Should we implement tougher penalties for shoplifting and burglary?

Go deeper

Poll: Voters overwhelmingly support Prop. 36

Legislative Analyst's Office Report on the Impact of Prop. 36

Proposition 36: Will California voters support “tough love” toward repeat drug offenders?

LA Times Editor: No to Item 36. California should not restart the disastrous war on drugs

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