Attachment B
PR^POSIT^N ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE.
OFFICIAL TITLE AND SUMMARYPREPARED BY THE ATTORNEY BENERAL The text of this measure can be found on page 126 and the Secretary of State's website at voterguide.sos. ca.gov.
Allows felony charges for possessing
certain drugs and for thefts under
$950—both currently chargeable
only as misdemeanors—with two prior
drug or two prior theft convictions,
as applicable. Defendants who plead
guilty to felony drug possession and
complete treatment can have charges
dismissed.
Increases sentences for other
specified drug and theft crimes.
Increased prison sentences may
reduce savings that currently fund
mental health and drug treatment
programs, K-12 schools, and crime
victims; any remaining savings may
be used for new felony treatment
program.
SUMMARY OF LEGISLATIVE ANALYST'S
ESTIMATE OF NET STATE AND LOCAL
GOVERNMENT FISCAL IMPACT:
• Increased state criminal justice costs,
likely ranging from several tens of
millions of dollars to the low hundreds
of millions of dollars annually, primarily
due to an increase in the prison
population.
Increased local criminal justice costs,
likely in the tens of millions of dollars
annually, primarily due to county jail,
community supervision, and court-
mandated mental health and drug
treatment workload.
•
ANALYSIS BY THE LEGISLATIVE ANALYST
BACKGROUND
PUNISHMENT DEPENDS ON SERIOUSNESS OF
CRIME AND CRIMINAL HISTORY
Punishment for Felonies. A felony is
the most serious type of crime. People
can be sentenced to county jail or state
prison for felonies, depending on the
crime and their criminal history. In some
cases, people can be supervised in the
community by a county probation officer
instead of serving some or all of their
sentence in jail or prison. This is called
county community supervision. The
length of a sentence mostly depends
on the crime. For example, murder
can be punished by 15 years or more
in prison. In contrast, selling drugs
can be punished by up to five years in
jail or prison, depending on the drug.
Sentences can also be lengthened due
to details of the crime. For example,
sentences for selling certain drugs
(such asfentanyl, heroin, cocaine, or
methamphetamine) can be lengthened
based on the amount sold.
Punishment for Misdemeanors. A
misdemeanor is a less serious crime.
Examples include assault and drug
possession. People can be sentenced
to county jail, county community
supervision, and/or a fine for
58 I Title and Summary/Analysis
ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR PmsiTjM CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE.36
ANALYSIS BY THE LEGISLATIVE ANALYST
misdemeanors. Sentences can be up to
one year in jail.
PROPOSITION 47 REDUCED PUNISHMENTS FOR
SOME THEFT AND DRUG CRIMES
In 2014, Proposition 47 changed some
theft and drug crimes from felonies to
misdemeanors. For example, shoplifting
(stealing items worth $950 or less from
a store) and drug possession generally
became misdemeanors.
PROPOSAL
Proposition 36 makes several key
changes related to punishments for
theft and drug crimes. First, it increases
punishment for some of these crimes.
Second, it creates a new treatment-
focused court process for some drug
possession crimes. Third, it requires
courts to warn people convicted of
selling or providing illegal drugs to others
that they can be charged with murder if
they keep doing so and someone dies.
INCREASES PUNISHMENT FOR SOME THEFT AND
DRUG CRIMES
Proposition 36 increases punishment
for some theft and drug crimes in three
ways:
• Turns Some Misdemeanors Into
Felonies. For example, currently,
theft of items worth $950 or
less is generally a misdemeanor.
Proposition 36 makes this crime a
felony if the person has two or more
past convictions for certain theft
crimes (such as shoplifting, burglary,
CONTINUED
or carjacking). The sentence would
be up to three years in county jail or
state prison. These changes undo
some of the punishment reductions
in Proposition 47.
• Lengthens Some Felony Sentences.
For example, Proposition 36 allows
felony sentences for theft or damage
of property to be lengthened by
up to three years if three or more
people committed the crime
together.
• Requires Some Felonies Be Served
in Prison. For example, as discussed
above, sentences for selling certain
drugs (such as fentanyl, heroin,
cocaine, or methamphetamine) can
be lengthened based on the amount
sold. Currently, these sentences are
served in county jail or state prison
depending on the person's criminal
history. Proposition 36 generally
requires these sentences be served
in prison.
CREATES NEW COURT PROCESS FOR SOME
DRUG POSSESSION CRIMES
Proposition 36 allows people who
possess illegal drugs to be charged
with a "treatment-mandated felony,"
instead of a misdemeanor, in some
cases. Specifically, this applies to
people who (1) possess certain drugs
(such as fentanyl, heroin, cocaine, or
methamphetamine) and (2) have two
or more past convictions for some drug
crimes (such as possessing or selling
drugs). These people would generally
For the full text of Proposition 36, see page 126.Analysis I 59 PROSIT™ ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE.
ANALYSIS BY THE LEGISLATIVE ANALYSTCONTINUED
get treatment, such as mental health
or drug treatment. Those who finish
treatment would have their charges
dismissed. Those who do not finish
treatment could serve up to three years
in state prison. This change undoes
some of the punishment reductions in
Proposition 47.
REQUIRES WARNING OF POSSIBLE MURDER
CHARGES FOR SELLING OR PROVIDING DRUGS
Proposition 36 requires courts to warn
people that they could be charged with
murder if they sell or provide illegal
drugs that kill someone. This warning
would be given to people convicted
of selling or providing certain drugs
(such as fentanyl, heroin, cocaine, and
methamphetamine). This could make it
more likely for them to be convicted of
murder if they later sell or provide illegal
drugs to someone who dies.
FISCAL EFFECTS
Proposition 36 would have various
fiscal effects on the state and local
governments. The size of these effects
would depend on uncertain factors,
such as what decisions local prosecutors
would make.
Increases State Criminal Justice Costs.
Proposition 36 would increase state
criminal justice costs in two main ways.
• Increase in State Prison Population.
It would require some people who
now serve their sentences at the
county level to serve them in state
prison. Also, it lengthens some
prison sentences. In total, the prison
population could increase by around
a few thousand people. (There are
about 90,000 people in prison now.)
• Increase in State Court Workload.
This is because felonies usually
take more time to resolve than
misdemeanors. Also, treatment-
mandated felonies would increase
court workload.
In total, Proposition 36 would increase
state criminal justice costs, likely
ranging from several tens of millions of
dollars to the low hundreds of millions
of dollars each year (annually). This
amount is less than one-half of 1 percent
of the state's total General Fund budget.
(The General Fund is the account
the state uses to pay for most public
services, including education, health
care, and prisons.)
Increases Local Criminal Justice Costs.
Proposition 36 would increase local
criminal justice costs in two main ways.
• Net Increase in County Jail and
Community Supervision Population.
In some ways, Proposition 36 would
reduce the jail and community
supervision population. This is
because some people would go to
state prison instead of the county
level. In other ways, it would
increase this population. This is
because some people would spend
more time in county jail or on
60 I Analysis
ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR rmos}^ CERTAIN DRUG AND THEF CRIMES. INITIATIVE STATUTE.'36
ANALYSIS BY THE LEGISLATIVE ANALYSTCONTINUED
community supervision. Overall,
Proposition 36 likely would increase
the county population. This increase
could be around a few thousand
people. (There are about 250,000
people at the county level now.)
• Increase in Local Court-Related
Workload. It would also increase
workload for local prosecutors and
public defenders. This is because
felonies usually take more time to
resolve than misdemeanors. Also,
treatment-mandated felonies would
create workload for some county
agencies (such as probation or
behavioral health departments).
In total, Proposition 36 would increase
local criminal justice costs, likely by
tens of millions of dollars annually.
Reduces Amount State Must Spend on
Certain Services. Proposition 47 created
a process in which the estimated state
savings from its punishment reductions
must be spent on mental health and
drug treatment, school truancy and
dropout prevention, and victim services.
These estimated savings totaled
$95 million last year. By undoing parts of
Proposition 47, Proposition 36 reduces
the state savings from Proposition 47.
This would reduce the amount the state
must spend on mental health and drug
treatment, school truancy and dropout
prevention, and victim services. This
reduction likely would be in the low tens
of millions of dollars annually.
Other Fiscal Impacts. Proposition 36
could have other fiscal effects on
the state and local governments. For
example, if the increased punishments
or mandated treatment reduce crime,
some state and local criminal justice
costs could be avoided. However, it is
unknown if these or other effects would
occur.
Ywtsos.ca.gov/campaign-lobljying/cal-access-
resources/measure-contnbutions/2024-
ballot-measure-contribution-totalsior a list
of committees primarily formed to support or
oppose this measure.
Visit fppc.ca.gov/transparency/
top-contributors.html
to access the committee's top 10 contributors.
For the full text of Proposition 36, see page 126.Analysis61 P^POSI^N ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEF CRIMES. INITIATIVE STATUTE.
* ARGUMENT IN FAVOR OF PROPOSITION 36 *
YES ON PROP. 36: TOUGHER LAWS TO MAKE OUR
COMMUNITIES SAFER AND HOLD REPEAT CRIMINALS
ACCOUNTABLE
California is suffering from an explosion in crime and the trafficking of deadly hard drugs like fentanyl. Prop. 36 will fix the mess our politicians have ignored for far too long. It is a balanced approach that corrects loopholes in state law that criminals exploit to avoid accountability for fentanyl trafficking and repeat retail theft.
YES ON PROP. 36: TOUGHER LAWS TO STOP "SMASH-
AND-GRAB" THEFTS
The explosion in retail theft has caused stores across
California to raise prices, lock up items, and close their doors. Prop. 36 increases penalties for smash-and-grab
crimes when three or more people act together to commit theft. It also allows prosecutors to file felony charges if a defendant has two or more prior theft convictions.
"California needs Prop. 36's tougher laws against smash- and-grab thefts so we can keep small businesses open in every community."—Robert Rivinius, Executive Director,
Family Business Association of California
YES ON PROP. 36: TOUGHER PROSECUTION OF SERIAL
THIEVES
Under current California law, thieves can get away with the equivalent of a TRAFFIC TICKET if the value of items stolen in one instance is $950 or less. That means someone can steal an UNLIMITED amount—so long as each individual
crime is not over $950—and likely avoid jail time and
even arrest.
"Prop. 36 will allow prosecutors to combine the value of items stolen from multiple thefts and increase accountability for serial thieves."—Mike Hestrin, Riverside County District Attorney
YES ON PROP. 36: TOUGHER PENALTIES FOR FENTANYL
TRAFFICKING
Fentanyl is one of the top killers in California, with more young people dying of drug overdoses than car accidents.
Yet fentanyl is treated less seriously than methamphetamine, heroin, PCP, and cocaine when offenders are armed with
a firearm. Prop. 36 will close this loophole while increasing penalties for trafficking large quantities and when a trafficker sells drugs to someone who dies as a result.
"Fentanyl has killed too many people, yet traffickers can avoid the consequences. We need Prop. 36 because no
parent should ever have to bury another child killed by fentanyl poisoning."—Gina McDonald, Co-Founder, Mothers Against Drug Addiction and Deaths
YES ON PROP. 36: HOLD CAREER CRIMINALS
ACCOUNTABLE AND ENFORCE DRUG TREATMENT
REQUIREMENTS
In California, criminal justice reforms have advanced equity and reduced incarceration rates. But the unintended
consequences of these policies include an epidemic of
drug use, trafficking, and repeat retail theft because the people committing these crimes don't face any serious
consequences.
"Prop. 36 will make our justice system fair and create
effective tools for holding individuals accountable for their crimes and helping those who suffer from addiction to hard drugs get the necessary treatment to begin new lives."—Rev.
Jonathan Moseley, Western Regional Director, National
Action Network Los Angeles
VOTE YES ON PROP. 36 FOR SAFER CALIFORNIA
COMMUNITIES
Prop. 36 will toughen California's laws on "smash-and-grab" theft and fentanyl trafficking. That's why small businesses, law enforcement, social justice, crime victims', and drug survivors' advocates, along with 900,000 Californians
support Prop. 36.
Read it for yourself at l/ote/esP/'op36.com.
Gregory Totten, Chief Executive Officer
California District Attorneys Association
Harriet Salarno, Founder
Crime Victims United
Michael Hedges, President
California Small Business Association
* REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 36 *
Retail theft and fentanyl are real problems. Californians deserve real solutions. Prop. 36 is a false promise, not a fix.
Prop. 36 will reignite the failed war on drugs, wasting billions on jails and prisons, and slashing crucial funding for crime prevention, treatment, victims, and rehabilitation. That will mean more crime, not less.
Prop. 36 makes simple drug possession a felony, costing taxpayers billions in incarceration without reducing crime.
The nonpartisan Legislative Analyst Office concluded the measure will require the state to spend billions more on prisons over the next several years. That means bigger cuts to schools, healthcare, and other essential services.
The measure is also so poorly drafted that it will simply create confusion in the courts and not lead to higher
penalties in many retail theft cases.
In the last two years, state leaders increased funding for retail theft prosecutions and fentanyl trafficking, leading to more convictions. Lawmakers continue to pass strong new laws targeting retail theft rings, illegal online markets, and fentanyl.
California law already requires felonies for smash-and- grab robberies, drug trafficking, and repeat theft, and these serious crimes can lead to tough penalties. There is no loophole—under current law, fentanyl traffickers and repeat thieves can and do spend years behind bars. Prop. 36 doesn't fix anything—it's about funding prisons instead of treatment and prevention. This sends California backward, not forward.
Don't be fooled by false solutions. Vote No on Prop. 36.
Cristine Soto DeBerry, Executive Director
Prosecutors Alliance Action
Don Frazier, Executive Director
Reentry Providers Association of California
David Guizar, Co-Founder
Crime Survivors for Safety and Justice
62ArgumentsArguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.
ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR nm^m
CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE.36
* ARGUMENT AGAINST PROPOSITION 36 *
VOTE NO ON PROP. 36! THIS IS A WASTEFUL APPROACH
THAT MAKES CALIFORNIA LESS SAFE. PROP. 36 is an
extreme measure that will waste $750 million in taxpayer dollars; cut funding from mental health, drug treatment, and rehabilitation programs; and do nothing to make us safer.
PROPOSITION 36 IS THE WRONG ANSWER. We must
have an all-of-the-above approach to stop fentanyl use
and improve public safety, but PROP. 36 is the opposite of that. This is a one-size-fits-all prison-first approach. It will lock up people who are not a danger, slash desperately needed money from proven crime prevention and treatment programs, and cost taxpayers hundreds of millions more
on prisons.
PROP. 36 IS TOO EXTREME. Prop. 36 is so extreme that
stealing a candy bar could lead to felony charges. It is a gross overreach that brings back 1980s "drug war" style tactics that packed our state prisons with people convicted of low- level drug offenses, harming public safety and damaging families and communities.
We must address persistent problems like theft and fentanyl, but we must use solutions that work and are targeted at the actual issue, instead of the scattershot failed solutions of the past. By making simple drug possession a felony, this measure will send thousands into state prison, drive up prison costs, and slash money for local safety programs. That will make crime worse, not better.
PROP. 36 STRIPS MONEY FROM CRIME VICTIMS,
REHABILITATION, AND MENTAL HEALTH. Prop. 36 will
strip millions away from dedicated funding that is spent on rehabilitation and services for crime victims, and it will expand the state prisons budget instead.
Local public safety programs that are working with law
enforcement to prevent crime and stop people from cycling in and out of jails will LOSE funding if Prop. 36 passes.
These include effective recidivism reduction programs that get people struggling with mental health and addiction off the streets and into treatment, as well as trauma recovery centers for crime victims and programs providing truancy and dropout prevention for at-risk youth. These programs have a proven track record of stopping crime. We need
MORE of these programs, working hand-in-hand with law
enforcement, not less. This measure only locks more people up in state prison.
PROPOSITION 36 IS BEING PUSHED BY MAGA-
REPUBLICANS. Don't be fooled. Law enforcement leaders,
crime victims, and rehabilitation experts oppose Prop. 36 because it slashes money for public safety, victims, and treatment programs that stop repeat offending.
EXPERTS ON CRIME, SPENDING, AND CRIMINALJUSTICE
AGREE: Prop. 36 will NOT make our communities safer.
Prop. 36 WILL waste hundreds of millions of YOUR taxpayer dollars on methods that are proven to be inefficient and ineffective.
Voting for Prop. 36 would be a vote to cut money for
treatment and victims and waste taxpayer dollars. Voting NO on Prop. 36 maintains serious penalties for drug trafficking and organized crime, and protects dedicated funding
for treatment, crime prevention, and rehabilitation that successfully reduce crime and recidivism.
VOTE NO ON PROP. 36
More info: StopProp36.com
Diana Becton, District Attorney
Contra Costa County
William Lansdowne, Police Chief (ret.)
City of San Diego
Jess Nichol, Victim Advocate
Crime Survivors for Safety and Justice
* REBUTTAL TO ARGUMENT AGAINST PROPOSITION 36 *
YES ON PROP. 36: BALANCED, RESPONSIBLE SOLUTIONS
TO RISING CRIME
California has a serious crime problem, and the politicians have failed to fix it. Prop. 36 is a tailored reform focused on the root causes of rising crime: • Repeat retail theft • Fentanyl trafficking • Drug addiction without incentives for treatment
PROP. 36: TARGETED RESPONSE TO CALIFORNIA'S CRIME
CRISIS
Prop. 36 increases penalties for smash-and-grab theft and serial thieves who victimize businesses repeatedly. No
one will go to prison for "stealing a candy bar," and judges are given discretion to assess the severity of crimes for sentencing. Prop. 36 won't result in over-incarceration.
PROP. 36: SMART APPROACH TO TREATING DRUG
ADDICTION
Prop. 36 does not automatically lock up drug users. Instead, it restores drug courts, providing offenders who've been convicted three times with incentives to complete drug
treatment.
PROP. 36: SAVINGS FOR CONSUMERS AND TAXPAYERS
California small businesses and stores lost nearly $9 billion in 2022 from theft. Targeting the small group of criminals who repeatedly steal will result in huge savings for consumers.
Treating addiction is a smart way to address illegal drug use and overdoses that cost California $60 billion annually for opioids alone, according to the CDC.
PROP. 36: TOUGHER PENALTIES AND ACCOUNTABILITY
We shouldn't let the politicians tell us California's crime problem doesn't exist. Prop. 36 is a smart, balanced, and responsible approach of tougher penalties for targeted
crimes and real accountability for public safety.
READ WHY PROP. 36 IS SUPPORTED BY DEMOCRATS
AND REPUBLICANS, SMALL BUSINESSES, MAYORS,
SOCIAL JUSTICE AND VICTIMS' GROUPS, AND LAW
ENFORCEMENT
VoteYesProp36. corn
Robert Rivinius, Executive Director
Family Business Association of California
Jay King, President
California Black Chamber of Commerce
Greg Van Dyke, President
California Consumer Advocates for Affordability and Safety Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.Arguments I 63