Proposition 36 aims to implement tougher penalties for theft and drug trafficking in a state that has earned a reputation for being “white on crime”. If passed, some of these crimes that were previously classified as felonies would be reclassified as felonies, reversing Proposition 47 that voters passed in 2014.

While some progressive mayors and retailers are for it, Governor Gavin Newsom and the California Democratic Party I am against it.

If California votes yes, Proposition 36 would repeal Proposition 47 and reclassify certain misdemeanors and drug thefts under $950 to be classified as misdemeanors rather than felonies. It would also allow prison sentences to increase and create a new category of crime – “treatment-imposed crime”.

According to the state, stealing items worth $950 or less is generally a misdemeanor, but Proposition 36 would make the offense a felony if the person has two or more prior felony theft convictions.

Opponents argue that this would actually have the opposite effect intended and believe that it would ultimately lead to more crime and take funding away from finding victims.

Another problem that Proposition 36 addresses is the “smash and grab” robberies that have been rampant in Los Angeles County.

Palm Springs City Councilwoman Lisa Middleton, who is running in one of the closest state Senate races in the country, which includes San Bernardino and Riverside County, argues that while Proposition 36 is supported by law enforcement, the package is not good enough.

“Prop has the overwhelming support of law enforcement across the state, including, especially, my police chief, our local officers. And what they are telling us is that they need the reforms that are in 36 months. In particular, the ability that instead of being dictated by having a cap of $950 to be able to charge a felony, those professional thieves out there who know this law up and down, who have been convicted of two arrests, can be then convicted of a felony when there is a third, which law enforcement refers to as a wobbler, which gives district attorneys the discretion to charge or not to charge with a felony,” she explained.

Some officials said one of the purposes of Proposition 47 was to help manage the prison population. while Governor Newsom said he feared Prop 36 would bring back mass incarceration, Middleton said he disagreed after speaking with local prosecutors.

“They are not, in an effort to go in and start doing mass incarceration, incarceration. What they want is discretion when dealing with individuals who have criminal records. When you see the types of individuals who break windows. , breaking down doors and committing crimes over and over again, that we have the discretion to take and go after these individuals,” Middleton said.

Financial impact

If passed, the cost is believed to range from tens of millions of dollars to hundreds of millions of dollars each year amid a growing prison population.

When Proposition 47 passed, the estimated $95 million in state savings was to be allocated to mental health and drug treatment, truancy, along with victim services. If California voters vote to pass 47, these are some of the state departments that would lose funding.