By Cayla Mihalovich, CalMatters
Lea esta historia en Español
Californians accused of certain drug and retail theft crimes may already be facing stiffer penalties under an initiative voters passed this year, alongside related bills Gov. Gavin Newsom signed into law.
Voters this November overwhelmingly approved Proposition 36, which both modifies and adds key changes to California law.
That includes prosecutors being able to charge people convicted of various third-time drug offenses with a so-called treatment-mandated felony, which would direct them to substance use disorder or mental health treatment in lieu of up to three years in jail or prison.
Under the new law, courts are also obligated to warn people convicted of selling or providing certain drugs, such as fentanyl, that they could face murder charges for later distributing illegal drugs that kill someone.
And heavier consequences may also extend to petty theft and shoplifting offenses, including the possibility of up to three years in jail or prison if a person has already been twice convicted for certain theft offenses.
Several district attorneys and police departments announced arrests this month that they planned to charge under the new law, including in San Francisco, Solano and Shasta counties.
The measure partially reversed a different initiative voters approved a decade ago, which reduced penalties for certain lower-level drug and petty theft offenses from felonies to misdemeanors. The initiative, Proposition 47, was intended to develop new public safety strategies and reduce incarceration after the state’s prison population exploded due to tough-on-crime policies dating back to the 1980s.
But prosecutors, law enforcement and large retailers who rallied in favor of Prop. 36 said those sentencing reforms went too far and created a revolving door for people to repeatedly commit crimes without being held accountable.
“It’s a clear mandate from the public that we need to take a new approach on public safety issues, specifically hard drugs, retail theft and fentanyl,” said Jeff Reisig, Yolo County District Attorney.
Those who opposed the measure warned that it will worsen homelessness, drug use and crime by cutting funding for treatment programs, and increasing court and prison costs in the hundreds of millions of dollars.
Follow us for more stories like this
CapRadio provides a trusted source of news because of you. As a nonprofit organization, donations from people like you sustain the journalism that allows us to discover stories that are important to our audience. If you believe in what we do and support our mission, please donate today.
Donate Today
