California voters made their voices heard, loud and clear, during November’s election to clean up crime across the state. A sweeping majority checked “yes” to Proposition 36 to punish repeat criminal offenders.
Prop. 36 became law on Wednesday across the state of California. It makes some theft and drug crimes a felony charge, including crimes involving the controlled substance fentanyl.
The law received the backing of law enforcement, businesses and lawmakers. They said it would address the state’s homelessness and fentanyl issue. During the pandemic, Los Angeles, Alameda, Sacramento and San Mateo counties saw an influx in shoplifting and burglaries.
District attorneys are working together on protocols under the new law, which will make it easier for big box stores and customers to report crimes.
Sacramento County’s District Attorney Thien Ho said the new law adds another tool for prosecutors.
“If you have two prior convictions for theft. The third can be charged as a felony. We can now combine and aggregate multiple cases together to charge a felony. When arrested, you will be taken to jail,” Ho said.
The new measure counters Proposition 47, reversing parts of what voters approved ten years ago to reduce California’s overcrowded prisons. Theft and drug crimes were reduced from felony convictions to misdemeanors.
While some touted the landmark law as a reform to crime, retailers and law enforcement blame the 2014 passage for the state’s rise in crime. The Public Policy Institute of California reported that shoplifting merchandise worth up to $950 increased by 28% over the last five years.
Supporters said since the law gives some people an option to seek drug help instead of prison time, it will address California’s drug crisis.
Prop. 36 creates a new category of crime called “treatment-mandated felony,” allowing a judge to order treatment and prevent people from returning to the streets.
Gov. Gavin Newsom opposes the law. He said Prop. 36 is based on lies and said there aren’t any residential treatment facilities for drug users in 21 of California’s counties. He tried to launch a countermeasure on the November ballot but ultimately canceled his efforts.
Newsom also pointed to Prop. 47, which helped save taxpayers more than $800 million in prison costs for petty crimes.
Top Democratic leaders and civil groups joined Newsom. They said the new proposition marks a “War on Drugs” and fails to address poverty or crime.
According to the state’s legislative analyst office, the new law will cost California millions of dollars while the prison population increases and court officials’ workload spikes.
