California voters will have the opportunity to vote on a measure this fall that would increase the state's penalties for certain theft and drug crimes by rolling back aspects of a decade-old criminal justice reform measure.
The ballot measure before voters this fall, known as Proposition 36, would increase penalties for those crimes by making changes to criminal justice reforms that were made by Proposition 47 in 2014, which sought to reduce prison populations by easing punishments for certain crimes without undermining public safety.
Proposition 47 changed the punishment for crimes like shoplifting, grand theft, receiving stolen property and similar property crimes to being a misdemeanor rather than a felony if the value of the property is less than $950. It also reduced punishments for the personal use of most drugs to misdemeanors.
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Critics of the 2014 measure argue it has contributed to a rise in property crimes, including petty theft, and has also made California's drug crisis worse through softer penalties. That discontent prompted opponents to advance a rollback of some of those policies 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.
Proposition 36 would reclassify certain crimes from being misdemeanors to felonies. For example, it would make the theft of items worth $950 or less a felony if the person has two or more past convictions for certain theft crimes (including shoplifting, burglary or carjacking), according to the Legislative Analyst's Office of the California Legislature.
Sentences would be up to three years in county jail or state prison, reversing some of the reductions made by the 2014 reform law. The measure would also increase the length of some prison sentences for felony crimes – allowing sentences for felony theft or property damage to be extended by up to three years if a group of three or more people committed the crime together.
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Proposition 36 would require that sentences for certain felony convictions be served in prison. Sentences for selling drugs like fentanyl, heroin, cocaine or methamphetamine could be lengthened based on the amount sold. Currently, such sentences are served in either county jail or state prison based on the individual's criminal history; under the ballot measure, these sentences would generally be served in prison.
It would also create a new "treatment-mandated felony" that courts can use to charge people who possess illegal drugs rather than a misdemeanor. 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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People in the treatment-mandated felony process would undergo drug or mental health treatment and those who complete treatment would have their charges dismissed, while those who don't could serve up to three years in state prison.
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Additionally, the law would require that courts warn people who are convicted of selling or providing certain drugs like fentanyl, heroin, cocaine or meth that they could be charged with murder if they sell or provide drugs that kill someone. The warning could make it more likely that they would be convicted of murder if they later sell or provide illegal drugs.
Proposition 36 has received support from California law enforcement and business groups, the California Republican Party, lawmakers from across the political spectrum, as well as large retail firms like Walmart, Target, Home Depot, Walgreens and 7-Eleven. They contend the changes will counter the rise in retail theft as well as address the drug crisis.
Opponents of the initiative include California Gov. Gavin Newsom, trade unions, criminal justice reform advocates and the California Democratic Party. They argue that Proposition 36 would increase spending on prisons and represent a return to mass incarceration, while also furthering what they view as racial inequality in the criminal justice system.
