Even Blue States Are Embracing a Tougher Approach to Crime
drug-related and theft crimes and that also reclassifies certain drug offenses as “treatment-mandated felonies.” This reclassification will allow judges to impose mental health or drug treatment requirements. Those who complete treatment would have their charges dismissed, while those who fail to meet the requirements could face up to three years in prison.
“It’s not the hope or the intention to send a bunch of people to jail or prison who are using drugs. The goal is to incentivize people to engage in treatment again,” said Yolo County District Attorney Jeff Reisig, one of the measure’s authors, in an interview with Stateline.
The measure aims to address issues such as retail theft, homelessness, substance use disorders and fentanyl distribution, Reisig said.
Under the new law, people convicted of theft at least twice may face felony charges on their third offense, regardless of the stolen item’s value. Additionally, those caught distributing fentanyl while armed with a loaded firearm will now face felony charges and up to four years in prison. Previously, possessing fentanyl and a loaded firearm was punishable by up to one year in jail.
“Our strong belief is that this will send a deterrent message to others that there are consequences again,” Reisig said.
The measure also received substantial support from law enforcement agencies across the state, although it remains unclear how departments might adjust their enforcement policies. Still, Reisig said, the measure will provide law enforcement with “some real, meaningful tools” to address specific crimes.
“With options for increased sentencing and mandated treatment, Prop. 36 could provide tools to address repeat offenses more effectively,” Sacramento Police spokesperson Sgt. Dan Wiseman wrote in an email to Stateline.
Proposition 36 partially reverses some changes made in 2014 by another ballot measure, Proposition 47, that reduced certain theft and drug crimes from felonies to misdemeanors to address prison overcrowding. But Reisig said that this is not a complete rollback.
“It was drafted to be more down the middle and just kind of bring the pendulum back to center mass,” he said. “We’re not reinventing the wheel. We’re just bringing back something that had proven success, and I think all of California is going to benefit.”
But some Democrats and criminal justice advocacy groups have argued that the measure could reintroduce drug war policies and result in longer prison sentences.
California voters also rejected Proposition 6 by a close margin, 53%-47%. The measure would have amended the state constitution to prohibit forcing inmates
