California Proposition 36: Measure to increase drug penalties passed in election

LOS ANGELES (KABC) — California's Proposition 36, which would increase penalties for certain crimes, was expected to be approved at the polls on Tuesday.

According to the California Secretary of State's Office, the measure was ahead by a 70-30 margin with more than 36% of votes cast.

The measure would make shoplifting a felony for repeat offenders and increase penalties for some drug crimes, including those involving the synthetic opioid fentanyl. It would also give judges the power to order treatment for people with multiple drug offenses.

Advocates say the initiative is necessary to close loopholes that have made it difficult for law enforcement to punish shoplifters and drug dealers. The measure will also help the state address the homelessness and drug crises, they say.

Opponents, including Democratic leaders and social justice groups, say it would disproportionately incarcerate poor people and those with drug problems, rather than targeting ringleaders who hire large groups of people to steal goods for online resale. The initiative would also eliminate drug and mental health funding that comes from savings from incarcerating fewer people.

The measure would essentially reverse Proposition 47, which voters approved a decade ago and which made some thefts and drug crimes misdemeanors instead of felonies.

Earlier this year, Gov. Gavin Newsom spoke out against Prop. 36, saying Prop. 47 saved taxpayers more than $816 million by reducing incarceration costs for minor crimes.

“Prop. 36 takes us back to the 1980s, to mass incarceration, it promotes a promise that cannot be kept,” Newsom said. “I would ask those who support it, especially mayors: where are the treatment places, where are the beds? 22 counties do not have a single inpatient treatment facility. 22 counties have none. I mean, her.” “I'm lying to you.”

Prop. 36 would also create a new category of crime called a “treatment-requiring felony,” in which the accused person could undergo treatment instead of prison

Advocates said rampant crime across the state increases the need for harsher punishments.

Rick Caruso, the billionaire developer and former Los Angeles mayoral candidate, ran ads supporting the measure.

“There are two things people feel,” Caruso said earlier this year. “Firstly, they see that there is more crime around them and secondly, they feel unsafe. So what you have on the ballot with Prop. 36 is an opportunity to change that.”

“A cornerstone of good government is trying something, and if it doesn't work, then pivoting and trying to fix it. (Prop.) 36 accomplishes this by holding serial criminals accountable,” he added.

The Associated Press contributed to this report.