ENDORSE: Proposition 36
Proposition 36 allows felony charges and increases sentences for certain drug and theft crimes. As a result, it also increases costs at both the state and local levels. In my view, this increase in cost is justified by the increase in accountability for crime, and the subsequent punishment is not overly severe.
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For example, stealing items worth $950 or less and drug possession became misdemeanors.
Prop 36 increases punishment for some of these crimes. For example, stealing less than $950 becomes a felony if the person has two or more past convictions for certain theft crimes, resulting in up to three years in jail.
It allows felony sentences for theft or property damage to be lengthened by up to three years if three or more people committed the crime together (for example, “smash and grabs”).
It requires some felonies be served in prison. For example, sentences for selling illegal drugs such as fentanyl, heroin, cocaine, or methamphetamine can include mandated prison time and can be lengthened based on the amount sold.
It creates a new treatment-focused court process for drug possession crimes, allowing people who possess illegal drugs to be charged with a “treatment-mandated felony” instead of a misdemeanor. This applies to people who 1) possess illegal drugs, and 2) have two or more convictions for drug crimes such as possessing or selling drugs. These people would get treatment and those who finish treatment would have their charges dismissed. Those who do not finish treatment could receive up to three years in state prison.
It requires courts to warn convicted illegal drug dealers that they can be charged with murder if they continue to do so and someone dies.
In total, Prop 36 would increase state criminal justice costs, likely ranging from several tens of millions to the low hundreds of millions annually. This amount is less than .5% of the state’s General Fund budget. It would also increase local criminal justice costs, likely by tens of millions of dollars annually, by increasing the county prison population and the subsequent increase in court-related workload.