With 10 California propositions on the November ballot, one of the most debated is Proposition 36. This proposition aims to increase penalties for repeated thefts and drug offenses, especially those involving fentanyl.
Proposition 36 seeks to amend some parts of Proposition 47, a 2014 measure that reduced certain felonies to misdemeanors in an effort to decrease the state’s prison population.
Supporters argue that this new proposition provides prosecutors and judges with more options for handling serial crimes and drug offenses. On the other hand, critics are concerned that it may reverse criminal justice reforms and lead to mass incarceration.
What Proposition 36 Does
Proposition 36 would include fentanyl in the laws against trafficking hard drugs and possessing them while armed. Judges would have the authority to impose state prison sentences instead of county jail time for drug dealers who sell large quantities, with increased sentence lengths.
The measure would reinstate penalties for dealers whose drugs cause harm or death to individuals, and warn convicted dealers and manufacturers about potential murder charges if their products result in fatalities. Additionally, it allows for court-ordered treatment programs for individuals convicted of drug offenses, with completion leading to the dismissal of charges.
For those who refuse or fail these programs, up to three years of state prison time could be imposed. Proposition 36 also addresses smash-and-grab robberies and shoplifting by combining multiple offenses to charge them as felonies if they total more than $950 or if the person has two prior convictions.
Felonies that result in serious injuries to others, particularly the elderly or children, would carry additional prison time under the proposition.
How Proponents Believe It Could Reduce Crime: San Diego County District Attorney Summer Stephan views the measure as a balanced approach to sentencing, offering a variety of options based on the circumstances of each case. By providing court-ordered drug treatment, the proposition aims to prevent fentanyl-related deaths and break the cycle of crime and drug abuse.
Stephan suggests that Proposition 36 could ultimately reduce incarceration rates by addressing criminal behavior before it escalates.
Why Critics View It as Regressive: Mitchelle Woodson, legal director of Pillars of the Community, argues that the proposition will increase incarceration rates without effectively reducing crime. This could disproportionately impact Black and brown populations, leading to longer prison sentences for low-level offenses.
Woodson believes that court-ordered drug treatment is not a solution to addiction and advocates for community-based programs that address the root causes of crime.
Is David Alvarez Trying to Dump Steve Padilla’s Landfill Bill?
While environmental groups oppose a new landfill in South County, they support a bill by state Sen. Steve Padilla to prevent new landfills in the Tijuana Rivershed. They claim that Assemblymember David Alvarez is attempting to hinder this legislation.
Padilla’s bill aims to block the Regional Water Quality Control Board from approving the landfill, with critics questioning the location’s sensitivity. Alvarez’s stance on the bill remains unclear despite outreach from concerned groups.
On a Separate Note: Alvarez recently withdrew a bill meant to promote affordable housing in the Coastal Zone after amendments altered its original purpose. The amendments would have given the Coastal Commission excessive authority over housing development, prompting Alvarez’s decision to dismiss the bill.
For more legislative updates, check out the Sacramento Report every Friday in partnership with CalMatters. Have tips, ideas, or questions? Reach out to me at deborah@voiceofsandiego.org.
