Prop 36 passes: California votes to crack down on crime

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

In perhaps a likely foreshadowing, a survey conducted by the Public Policy Institute of California in September found 71% of voters supported the prop and at least 41% also said the outcome was "very important." 

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

Now, certain drug offenses and thefts under $950 can be classified as felonies rather than misdemeanors if the suspected perpetrator has two or more past convictions for theft crimes. 

Prop 36 also allows for increased prison sentences under a new category of crime, which will be called a "treatment-mandated felony." 

Under the suggested mandated treatment felony, individuals found guilty of an eligible offense and who choose rehabilitation would be enrolled in "an extensive treatment plan formulated by an addiction specialist and sanctioned by the court." In addition to therapeutic support, participants would receive access to housing, vocational training, and a suite of programs aimed at disrupting the patterns of substance dependence and homelessness.

Those who complete the program would then have their charges dismissed.

Proposition 36 also requires courts to warn suspected criminals that they could face murder charges if they distribute or supply illegal drugs that result in deaths. This cautionary notice would be issued to those found guilty of marketing or dispersing specific narcotics (including fentanyl, heroin, cocaine, and methamphetamine). This measure could increase the probability of their conviction for murder should they subsequently sell or supply illegal drugs that lead to someone's death.

While opposers such as Gov. Gavin Newsom labeled the prop as "too harsh," supporters, such as business owners, said this will help tackle California’s glaring retail theft issue, such as smash-and-grab robberies. 

Supporters of Proposition 36 consist of a coalition of county prosecutors, police associations, Democratic Mayors London Breed from San Francisco, Matt Mahan from San José, and Todd Gloria from San Diego, as well as a selection of centrist Democratic lawmakers. Notably, Walmart has emerged as a significant financier of the campaign, contributing an extra million dollars recently. Financial records indicate that both Target and Home Depot were among the early contributors to the initiative.