Prop 36 passed: California votes to get tough on crime

LOS ANGELES – California voters appear to be fed up with increased crime across the state and have voted yes on Proposition 36 in favor of harsher penalties for crimes such as theft and drug trafficking.

In perhaps a likely foreshadowing, a survey conducted A September survey by the Public Policy Institute of California found that 71% of voters supported the proposal, with at least 41% also saying the outcome was “very important.”

This reverses Prop 47, which was passed a decade ago and was intended to provide alternative strategies to help reduce the state’s jail and prison population.

Now, certain drug offenses and thefts under $950 can be classified as misdemeanors instead of felonies if the alleged perpetrator has two or more convictions for theft offenses in the past.

Prop 36 also allows for increased prison sentences under a new category of crime, which will be called a “treatment-imposed offense.”

Under the proposed mandatory treatment offense, individuals found guilty of a qualifying offense and who choose rehabilitation would be enrolled in “a comprehensive treatment plan designed by an addiction specialist and sanctioned by the court.” In addition to therapeutic support, participants would have access to housing, vocational training and a range of programs aimed at breaking patterns of substance dependence and homelessness.

Those who complete the program will have their charges dismissed.

Proposition 36 also requires courts to warn suspected criminals that they could be prosecuted for murder if they distribute or supply illegal drugs that cause death. This warning would be issued to those found guilty of marketing or distributing specific narcotics (including fentanyl, heroin, cocaine and methamphetamine). This measure could increase the likelihood of a murder conviction if they subsequently sell or supply illegal drugs that lead to someone’s death.

While opponents such as Gov. Gavin Newsom labeled the proposal “too harsh,” supporters such as business owners said it will help address California’s high-profile problem of shoplifting, such as robberies.

Proposition 36’s proponents include a coalition of county prosecutors, police associations, Democratic mayors London Breed of San Francisco, Matt Mahan of San José and Todd Gloria of San Diego, as well as a selection of centrist Democratic lawmakers. Notably, Walmart has emerged as a major funder of the campaign, recently contributing an additional $1 million. Financial data shows that both Target and Home Depot were among the early contributors to the initiative.