The passage of Prop 36 will also lengthen the sentences of some existing felonies up to three years if the crime, like felony theft causing property damage, was committed together by three or more people. It will also require that felony convictions for selling drugs be served in state prisons, whereas currently some of those sentences are served in county jails. The measure will also create a new category of offense, a “treatment-mandated felony,” which carries a prison sentence of up to three years for people with previous drug convictions who fail to complete court-ordered treatment.
Prop 36 reverses some of the changes California voters made a decade ago when they passed Prop 47, which made some felonies misdemeanors in order to reduce severe overcrowding in the state’s prisons. The state estimates that the reduced incarceration from Prop 47 helped save $800 million over the past decade, the majority of which was reallocated to mental health and drug treatment services.
Advocates who supported those reforms a decade ago are now bracing for a reversal of those trends, as the state’s own analysis predicts that costs associated with increased punishment and prison will soar as state funds allocated to treatment services fall with the passage of Prop 36. While this year’s ballot measure was put forth as a way to make communities safer, opponents worry it will bring a drop in services that erodes community safety.
It didn’t surprise me that these passed, given the recent passage of a sweeping justice reform where cop oversight was removed and they were authorized to use drones and received a bunch of funding. But I am quite sad that it finally did get overturned - I saw it on nearly every ballot for the last several years; the Republicans were desperate to overturn it. I really hated that every time they wanted to tie the removal of theft and the removal of drug charges at the same time. Now we’re back to a state where many decriminalized drugs are criminal again, calling into question weird conflicts such as the sale of certain mushrooms in Oakland being legal but possession no longer.