LOS ANGELES (KABC) — from California Proposition 36which would increase penalties for certain crimes, was slated to go to the polls on Tuesday.

With more than 36 percent of ballots counted, the measure was ahead by a 70-30 margin, according to the California Secretary of State’s office.

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

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

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

The measure would essentially undo Proposition 47, which voters approved a decade ago and made some theft and drug offenses felonies.

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

“Prop. 36 takes us back to the 1980s, mass incarceration, promotes a promise that cannot be fulfilled,” Newsom said. “I would ask those who support it, especially the mayors: where are the treatment slots, where are the beds? Twenty-two counties do not have a residential treatment facility. Twenty-two counties do not have one. I mean, they’re lying to you.”

Prop. 36 would also create a new category of crime called a “treatment-mandated offense” where the accused person could enter treatment instead of prison.

Advocates said widespread crime across the state increases the need for tougher sentences.

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

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

“A cornerstone of good governance is trying something and when it doesn’t work, pivoting and trying to fix it. (Prop.) 36 does that by holding serial killers accountable,” he added.

The Associated Press contributed to this report.