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

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

The ballot measure going before voters this fall, known as Proposition 36, would increase penalties for these crimes by making changes to the law. criminal justice reforms which were done by 2014’s Proposition 47, which aimed to reduce the prison population by easing sentences 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 to a misdemeanor instead of a misdemeanor if the property value is less than $950. It also reduced penalties for the personal use of most drugs to felonies.

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California voters will have their say on Proposition 36 reforms in this fall’s elections. (David Paul Morris/Bloomberg via / Getty Images)

Critics of the 2014 measure argue that it has contributed to an increase in property crimes, including petty theft, and also worsened California’s drug crisis through softer sentences. That dissatisfaction led opponents to reverse some of that policy by collecting signatures through the initiative 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?

Proposal 36 would reclassify certain crimes from misdemeanors to misdemeanors. For example, according to the California Legislature’s Legislative Analyst’s Office, it would make the theft of items valued at $950 or less a misdemeanor if the person has two or more prior convictions for certain theft offenses (including shoplifting, burglary or carjacking).

The penalties would be up to three years in county or state prison, reversing some of the cuts made by the 2014 reform law. The measure would also increase the height of some prison sentences for misdemeanor crimes – allowing penalties for misdemeanor theft or property damage to be extended by up to three years if a group of three or more people committed the crime together.

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

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Proposition 36 would require sentences for certain felony convictions to be served in prison. Phrases for sell medicines such as fentanyl, heroin, cocaine or methamphetamine may be renewed based on the quantity sold. Currently, such sentences are served in a county jail or a state prison based on the individual’s criminal history; under the ballot measure, these sentences would typically be served in prison.

It would also create a new “treatment-mandated offense” that courts could use to charge people for possessing illegal drugs in lieu of a misdemeanor offense. It would apply to people who possess drugs, including fentanyl, heroin, cocaine or meth, and have two or more prior convictions for drug crimes, such as possessing or selling drugs.

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

People who would undergo the treatment-mandated criminal process drug or mental health treatment and those who complete treatment will have their charges dismissed, while those who do not may face up to three years in prison.

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In addition, 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 drugs that kill someone. The warning could make it more likely that they would be convicted of murder if they later sold or supplied illegal drugs.

Support and opposition

Proposition 36 has received support from California law enforcement and business groups, the Republican Party of Californialawmakers from across the political spectrum, as well as major retailers like Walmart, Target, Home Depot, Walgreens and 7-Eleven. They claim the changes will combat the increase in shoplifting and tackle the drug crisis.

Opponents of the initiative include California Governor Gavin Newsom, labor unions, criminal justice reform advocates and the Democratic Party of California. They argue that Proposition 36 would increase spending on prisons and signal a return to mass incarceration, while also furthering what they say are racial inequities in the criminal justice system.