California voters overwhelmingly passed Proposition 36 on Tuesday, culminating 10 chaotic months of negotiations and disputes at the state Capitol, where Democratic leaders have tried unsuccessfully to preserve a decade of criminal justice reform.

Instead, the campaign to increase the penalties for theft and repeat convictions for drug possession appears to be winning.

Proposition 36opposite of Governor Gavin Newsomreclassifies some theft and drug offenses as felonies.

The measure also creates a new category of crime – a “crime imposed by treatment.” People who plead no contest to criminal charges after multiple drug possession convictions could complete drug treatment instead of going to prison, but if they don’t complete treatment, they face up to three years in prison.

Property crime grew up in California post-pandemic, as state, county and local governments struggled to contain and control homeless sidewalk encampments.

Prop. 36 was presented by its proponents as a response to these concerns. Led by the retail industry, those supporters promised the measure would target drug dealers and people who commit multiple acts of retail theft.

They raised about $17 million for the measure, which, in addition to large checks from major retailers, also included contributions from the California District Attorneys Association and California Peace Officers Association.

Opponents raised about $7.7 million, which included contributions from the ACLU, teachers unions and the Service Employees International Union.

Prop. 36 reverses some of the changes California voters made to the criminal justice system a decade ago with Proposition 47, which reduced penalties for some crimes while trying to reduce the state’s then-bloated prison population.

The polls leading up to the election show constantly a large majority of likely voters claimed Prop. 36. More Democratic mayors of big cities and prosecutors threw their support behind it, despite Newsom’s opposition.

“In poll after poll over the past few months, Californians of all ideological backgrounds have expressed overwhelming support for Proposition 36 because it will be an important step forward in addressing retail theft, homelessness and the fatal epidemic of drug overdoses in California,” Mahan said in a written statement. last week’s statement.

What would Prop. 36?

Since California voters passed Proposition 47 in 2014, prosecutors, police and large retailers they blamed the law for an increase in property crime and homelessness. Prop. 36 is their attempt to undo some elements of the previous initiative.

During the pandemic, the rate of commercial burglaries and burglaries has skyrocketed, especially in Los Angeles, Alameda, San Mateo and Sacramento counties. Nationally, the Public Policy Institute of California found that up to $950 worth of merchandise was reported stolen. has grown by 28% over the past five years. This is the highest level seen since 2000.

Combining shoplifting with commercial burglaries, the institute’s researchers found that total reported thefts were 18 percent higher than in 2019.

Another facet of pandemic-era shoplifting has been viral videos of crowds of people rushing into stores and grabbing whatever they could before fleeing. Prop. 36 allows the sentences for theft to be extended by three years if three or more persons commit the crime together.

How Much Will California’s Crime Measure Cost?

The Legislative Analyst’s Office forecasts that the measure will cost tens of millions to hundreds of millions of dollars annually.

These costs are mainly from putting several thousand more people in prison and putting them on longer terms. The rest of the costs to the state will accrue in the court system, where felonies take longer to prosecute than misdemeanors, and county court systems will have to create new trials to handle the measure’s new felony category, a treatment-imposed felony. .

Some of those costs will also be borne by county court systems, which the Legislative Analyst’s Office estimates will run into the tens of millions each year.

Who supports Prop. 36?

Supporters presented Prop. 36 as a way to combat homelessness, ie increasing by more than 50% since the passage of Prop. 47. The reason, advocates say, is that drug addiction drives people to the streets, and increasing the penalties for drug possession is the only way to force people into treatment.

Supporters also argue that Prop. 36 is a good middle ground between California’s crime-heavy days, which pushed prison capacity beyond its breaking point, and the last decade under Prop. 47, which they say created “loopholes in state law that criminals exploit to avoid liability for fentanyl trafficking and repeat retail theft.”

Who opposes Prop. 36?

Opponents, including the governor and Democratic leadership, say no studies on criminal justice or homelessness support the idea that tougher punishments — or the threat of tougher punishment — prevent crime or get people off the streets.

Opponents of the measure include the ACLU of Northern California, the Alliance for Safety and Justice and the California Democratic Party.

Opponents of the measure argued that Prop. 36 marks a return to the war on drugs, which they said California voters rejected a decade ago with Prop. 47.

Newsom has not committed money to opposing the measure, but has drawn attention to its potential to increase spending on the justice system.

“It’s the prevailing wind and I understand it. I just hope people take the time to understand what I’m standing for,” Newsom said in remarks to reporters last week. “It’s just a drug policy reform. It is unfunded and unfortunately may impact on existing mental health and treatment services.”