40 Facts About PROP 36

Understanding Proposition 36

Proposition 36, also known as the Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative, was a major ballot measure in California's 2024 general election. It aimed to change how the state handles certain drug and theft crimes. Let's dive into the key aspects of this initiative.

1. Title and Purpose: Proposition 36 is officially titled "Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes." Its goal is to amend sections of the Health and Safety Code, Penal Code, and Government Code to increase penalties for specific crimes and mandate treatment for repeat offenders.

2. Passage and Effectiveness: Passed by a landslide in the 2024 general election, Proposition 36 went into effect in December 2024, showing strong public support despite facing opposition.

3. Repeal of Proposition 47: This initiative repeals parts of Proposition 47, which had reduced certain non-violent crimes from felonies to misdemeanors to lower prison populations and focus on rehabilitation.

New Crime Class and Penalties

Proposition 36 introduces new crime classifications and increases penalties for specific offenses. Here's what you need to know.

4. New Class of Crime: Treatment-Mandated Felony: A new crime class called a "treatment-mandated felony" allows prosecutors to charge individuals with a felony if they have a third or subsequent drug offense, offering treatment options.

5. Increased Penalties for Hard Drug Dealers: The initiative imposes harsher consequences for hard drug dealers whose trafficking results in serious injury or death, including potential murder charges.

6. Inclusion of Nonprescription Fentanyl: Nonprescription fentanyl is added to the list of hard drugs like heroin, cocaine, and methamphetamine, increasing penalties for dealing large quantities.

Addressing Repeat Offenders

Proposition 36 aims to tackle repeat offenders by restoring some felony charges and mandating treatment.

7. Accountability for Repeat Theft: Before Proposition 47, repeat theft offenders could face felony charges. Proposition 36 restores some of these felony charges for repeat offenders.

8. Treatment Mandate for Drug Offenders: Offenders charged with a treatment-mandated felony can have their drug possession charges expunged upon successful completion of drug and mental health treatment programs.

Funding and Costs

Funding and cost implications are crucial aspects of Proposition 36. Here's a closer look.

9. Funding for Treatment Programs: The initiative leverages funds from Proposition 1 and existing programs like Medi-Cal to support substance abuse and mental health treatment.

10. Cost Estimates: The non-partisan Legislative Analyst’s Office estimates that Proposition 36 will increase costs by at most 0.5% of the state’s current budget, translating to a few hundred million dollars.

11. Impact on Prison Population: The initiative is expected to increase the state prison population by a few thousand people, a modest rise compared to its broader implications.

Reforms and Opposition

Proposition 36 brings tailored reforms to Proposition 47 and faces significant opposition. Here's what both sides argue.

12. Reforms to Proposition 47: The initiative makes specific reforms to ensure that a significant portion of the funds saved by Proposition 47 remains available, maintaining effective provisions while addressing unintended consequences.

13. Limited Impact on Grant Funding: Since Proposition 36 does not fully repeal Proposition 47, it is expected to have a limited impact on grant funding provided by Proposition 47.

14. Opposition to Proposition 36: Opponents argue that the initiative will lead to more crime, reignite the failed war on drugs, and waste billions on prisons while cutting crucial funding for victims, crime prevention, treatment, and rehabilitation.

Challenges and Concerns

Proposition 36 faces several challenges and concerns, particularly regarding resources and its impact on various communities.

15. Limited Resources for Treatment Facilities: Counties lack the capacity to take on a new population of individuals mandated into treatment, according to Sacramento County's behavioral health director, Dr. Quist.

16. Increased Policing and Incarceration Costs: The California Legislative Analyst’s Office claims that Proposition 36 would cost the state tens of millions of dollars in policing and incarceration, reducing funds for mental health and drug treatment programs.

17. Impact on Undocumented Immigrants: Proposition 36 could significantly increase the number of undocumented individuals facing deportation for minor offenses, leading to family separations.

18. Decreased Funding for Behavioral Health Services: The California Budget and Policy Center estimates that Proposition 36 would increase prison costs by over $4.5 billion annually, cutting funding for essential services like behavioral health, K-12 programs, and trauma recovery.

19. Potential Increase in Homelessness: By increasing incarceration rates, Proposition 36 could push more Californians into homelessness, as formerly incarcerated individuals are nearly 10 times more likely to experience homelessness.

20. Shift in Funding from Behavioral Health to Prisons: The initiative would shift tens of millions of dollars annually from behavioral health treatment and other critical services back into the state prison system.

Disproportionate Impact and Future Projections

Proposition 36 is expected to have a disproportionate impact on certain communities and significantly alter the state's prison population.

21. Disproportionate Impact on Communities of Color: Increased penalties for several drug and theft crimes would disproportionately impact Californians of color due to systemic racism and social and economic disadvantages.

22. Projected Increase in Prison Population: Proposition 36 could increase the state prison population by 35% by 2029, leading to overcrowded prisons with an estimated 50,000 people incarcerated for drug possession and 33,000 more over seven years.

23. Incarceration-Focused Approach: Critics argue that Proposition 36 advances an incarceration-focused approach rather than investing in social programs that address the root causes of crime.

24. Undoing Successful Sentencing Reforms: The initiative would undo key provisions of Proposition 47, which successfully reduced mass incarceration while maintaining lower crime rates.

25. Reduced Funding for Crime Reduction Programs: The reduction in state savings from Proposition 47 would likely be in the low tens of millions of dollars per year, resulting in less funding for services that reduce crime and support youth and victims.

Homelessness and Housing Issues

The link between incarceration and homelessness is a significant concern with Proposition 36. Here's how it could exacerbate these issues.

26. Link Between Incarceration and Homelessness: Proposition 36 could worsen homelessness by pushing more residents into the carceral system, as formerly incarcerated people are nearly 10 times more likely to experience homelessness.

27. Lack of Affordable Housing: Incarceration exacerbates the lack of affordable housing, making it difficult for Californians leaving incarceration to secure stable housing.

28. Support for Housing and Behavioral Health: A statewide homelessness study found that nearly 1 in 5 unhoused Californians entered homelessness directly from an institutional setting, primarily jail or prison, with fewer than 20% receiving housing support upon release.

29. Failure to Follow Evidence-Based Interventions: Proposition 36 fails to follow effective, evidence-based interventions that help individuals obtain and sustain mental health and substance use treatment, which often includes housing.

30. Court-Ordered Treatment Dismissal: The initiative allows certain people arrested for drug possession to have their charges dismissed if they complete court-ordered treatment, but it does not address broader systemic issues.

Impact on Local Governments and Historical Context

Proposition 36's impact on local governments and its place in the historical context of California's sentencing reforms are essential to understand.

31. Impact on Local Governments: Proposition 47 has provided about $40 million annually in grants to local governments, but the reduction in these grants under Proposition 36 would further strain local resources.

32. Historical Context of Sentencing Reforms: California began reconsidering its “tough on crime” approach in the late 2000s, adopting multiple reforms to reduce prison overcrowding and improve the justice system.

33. Violent and Property Crime Rates: Despite reduced prison populations, violent and property crime rates in California remain well below historical peaks, indicating the effectiveness of previous sentencing reforms.

Racial and Economic Disparities

Proposition 36's impact on racial and economic disparities is a critical issue. Here's how it could affect these communities.

34. Racial and Economic Disparities: Increased penalties for several drug and theft crimes would disproportionately impact Californians of color due to systemic racism and social and economic disadvantages.

35. Impact on Immigrant Families: The initiative could significantly increase the number of undocumented individuals facing deportation for minor offenses, leading to family separations.

36. Deportation Consequences: If petty theft misdemeanors become reclassified as felonies, more immigrants—including green card holders—will be barred from getting legal status, potentially resulting in deportation.

37. Extraordinary Hardship: Family separations during deportation can cause extraordinary hardship, especially for children who lose their parents, a significant concern in California where immigrant families are common.

State Budget Implications

The financial implications of Proposition 36 on the state budget and funding for essential services are significant.

38. State Budget Implications: The reduction in state savings from Proposition 47 would likely be in the low tens of millions of dollars per year, resulting in less funding for services that reduce crime and support youth and victims.

39. Behavioral Health Services Reduction: Shifting funding from behavioral health treatment and other critical services back into the state prison system would result in a substantial decrease in funding for these essential initiatives.

40. Conclusion and Future Directions: Proposition 36 represents a complex initiative aiming to address drug and theft crimes while mandating treatment for repeat offenders. However, its implementation faces challenges, including limited resources, increased costs, and a disproportionate impact on communities of color and immigrant families.

Final Thoughts on Proposition 36

Proposition 36, passed in 2024, aims to increase penalties for certain drug and theft crimes while mandating treatment for repeat offenders. It repeals parts of Proposition 47, introduces a new class of crime called "treatment-mandated felony," and increases penalties for hard drug dealers. While it seeks to address drug and theft crimes, it faces criticism for potentially increasing prison populations, straining treatment resources, and disproportionately impacting communities of color and immigrant families. The initiative also raises concerns about increased policing and incarceration costs, reduced funding for behavioral health services, and potential increases in homelessness. As California navigates the complexities of its justice system, it's crucial to balance punishment with rehabilitation and support for vulnerable populations. Proposition 36's impact will continue to be a topic of debate and analysis in the coming years.