If it passes, Proposition 36 will allow prosecutors and judges to charge repeat criminals with felonies rather than only misdemeanors as had been dictated by the controversial Prop. 47. (GV Wire Composite/Paul Marshall)
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To almost no one’s surprise, voters are approving Proposition 36 by a commanding margin.
Early voting results show the criminal justice measure earning 70.8% approval with 22.9% of precincts reporting.
The rate surpasses even the initiative that Prop. 36 sought to reform. 2014’s Prop. 47 only received 60%.
GV Wire will update results as they come in.
The bipartisan proposal quickly became divisive, with Gov. Gavin Newsom coming out opposed to the legislation. Democratic legislators floated some laws to add penalties to retail theft that would be nullified if Prop. 36 passes. Politicos surmised it was a way to lull major retailers such as Walmart away from supporting the initiative. Walmart was a major funder of Prop. 36.
Prop. 36 Advocates Say Law Will Lower Crime, Reduce Homelessness
Largely authored by California district attorneys, authors say the crime initiative will reverse many of the policies of Proposition 47 — the 2014 voter initiative that reduced sentences for some crime and drug offenses.
Prop. 36 allows prosecutors and judges to bring felony charges against criminals arrested on their third offense. Prop. 47 reduced penalties for many nonviolent crimes to misdemeanors. Opponents said that took away fear of the law as thieves knew to steal less than $950 worth of goods — the threshold outlined by Prop. 47.
For drug users, those facing a possession charge will receive a choice of treatment or prison.
Tulare County District Attorney Tim Ward said the return of drug courts — which he said largely disappeared after Prop. 47 — will help the part of California’s homelessness crisis driven by drug addiction.
“We were able to come up with … a comprehensive, yet very fair plan to really treat our drug, mental health crisis for the individuals we see living on the street and also while doing so address the rampant theft issue, which many of us feel those two things are intrinsically connected,” Ward said.
Opponents said the bill overly punishes people who are not a danger. They also said the $750 million price tag for the bill takes away from mental health efforts, drug treatment, and rehab programs.