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Prop 36 Passes: California Votes to Fight Crime
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Prop 36 Passes: California Votes to Fight Crime

Apparently fed up with rising crime across the state, California voters voted yes on Proposition 36 in favor of tougher penalties for crimes like theft and drug trafficking.

Perhaps in a probable foreshadowing, a survey conducted by the Public Policy Institute of California in September found that 71 percent of voters supported the prop and at least 41 percent also said the result was “very important.”

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

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

Prop 36 also allows for increased prison sentences under a new category of crimes, which will be called “treatment-induced crimes.”

Under the proposed mandated treatment offense, people convicted of an eligible offense who choose rehabilitation would be enrolled in a “comprehensive court-sanctioned addiction treatment plan.” In addition to therapeutic support, participants will receive access to housing, job training and a suite of programs designed to disrupt patterns of substance abuse and homelessness.

Those who complete the program will have their charges dismissed.

Proposition 36 also requires courts to warn criminal suspects that they could be charged with murder if they distribute or supply illegal drugs that result in deaths. This warning will be issued to those found guilty of trafficking or distributing certain narcotics (including fentanyl, heroin, cocaine and methamphetamine). This measure could increase the likelihood of them being convicted of murder if they later sell or supply illegal drugs that lead to someone’s death.

While opponents like Gov. Gavin Newsom labeled the prop as “too tough,” supporters like business owners said it would help address California’s flagrant retail theft problem, such as robberies breaking

Supporters of Proposition 36 consist of a coalition of county attorneys, police unions, Democratic mayors London Breed of San Francisco, Matt Mahan of San José and Todd Gloria of San Diego, as well as a selection of centrist Democratic lawmakers. Notably, Walmart has emerged as a significant campaign funder, recently contributing an additional $1 million. Financial records indicate that both Target and Home Depot were among the early contributors to the initiative.