Proposition 36: Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.
The Homelessness, Drug Addiction, and Theft Reduction Act
Summary
(Excerpted from LAO’s Analysis of Proposition 36)
Proposition 36 (Prop. 36) is a citizen-initiated ballot measure that makes several key changes related to punishments for theft and drug crimes. Prop. 36 would roll back parts of Proposition 47, from 2014, which reclassified certain petty theft and drug possession crimes as misdemeanors instead of felonies.
First, it increases punishment for some of these crimes, by changing some misdemeanors iInto felonies. Theft of items worth $950 or less is generally a misdemeanor. Prop. 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking).
Some felony sentences will be lengthened up to three years. Prop. 36 also requires that some felony sentences be served in prison, instead of county jail. Sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.
Second, Prop. 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases, creating a new treatment-focused court process for some drug possession crimes. Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.
Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.
Fiscal Impact
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.
Proposition 36 would increase state criminal justice costs in two main ways.
• Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)
• Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment mandated felonies would increase court workload.
In total,Prop. 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually).
What your vote means
A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.
A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.
Official Voter Information
California Secretary of State, Text of Proposed Laws, Prop. 36 begins on page 126
California Secretary of State,Quick Reference Guide Prop. 36
California Secretary of State, Official Voter Information Guide prop 36
California Legislative Analyst's Office,Proposition 36
California Secretary of State, Cal-Access, Ballot Measure Committee Campaign contributions for Proposition 36
California Secretary of State, Cal-Access, Cal-Access Campaign Finance Activity Prop. 36
California Fair Political Practices Commission, November 2024 General Election Top Contributors Lists
Non-partisan Voter Information
CalMatters Prop 36 Explained (video)
California Budget and Policy Center Understanding Prop. 36
Public Opinion Polls
Berkeley IGS Poll - By Mark DiCamillo, Director, Berkeley IGS Poll
“By a greater than two to one margin, 56% to 23%, California voters are initially lining up in support Of Proposition 36, a statewide initiative to stiffen criminal penalties for repeat theft and fentanyl offenses…”
Public Policy Institute of California Statewide Survey, Sept. 2024
Pro/Con Statements
| Pro | Con |
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Prop. 36 makes California communities safer by addressing rampant theft and drug trafficking. It toughens penalties for fentanyl and drug traffickers and "smash-and-grabs" while holding repeat offenders accountable. It targets serial thieves and encourages treatment for those addicted to drugs, using a balanced approach to fix loopholes in current laws. Since the passage of Prop. 47 in 2014, homelessness in California has increased by 51 percent, while during the same time period in the rest of the country, it has declined by 11 percent. Prop. 47 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. Prop. 36 will address and correct these problems created by Prop. 47 At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 47, which the voters now desire to correct. |
Proposition 36 will lead to more crime, not less. It reignites the failed war on drugs, makes simple drug possession a felony, and wastes billions on prisons, while slashing crucial funding for victims, crime prevention, treatment, and rehabilitation. This puts prisons first and guts treatment. |
| Supporters | Opponents |
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The IGS Library has not located a campaign in opposition to the ballot measure. |