CALIFORNIA, USA — Proposition 36 would reclassify some misdemeanor theft and drug crimes as felonies.
The measure would also create a new category of crime — a “treatment-mandated felony.” People who don’t contest the charges could complete drug treatment instead of going to prison, but if they don’t finish treatment, they still face up to three years in prison.
Why is it on the ballot?
Ten years ago, voters approved Proposition 47, which sought to reduce California’s prison overcrowding by making some theft and drug crimes into misdemeanors. Since then, prosecutors, police and big box retailers have blamed the law for an increase in property crimes and homelessness. Prop. 36 is their attempt to unwind Prop. 47.
During the pandemic, the rate of shoplifting and commercial burglaries skyrocketed, especially in Los Angeles, Alameda, San Mateo and Sacramento counties. Statewide, the Public Policy Institute of California found that reported shoplifting of merchandise worth up to $950 soared 28% over the past five years. That’s the highest observed level since 2000.
Combining shoplifting with commercial burglaries, the institute’s researchers found that total reported thefts were 18% higher than in 2019.
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