LOS ANGELES (KABC) — California Proposal 36that would increase penalties for certain crimes was expected to pass in Tuesday’s election.
With more than 36% of ballots cast, the measure was ahead by a 70-30 margin, according to the California Secretary of State’s office.
The measure makes shoplifting a misdemeanor for repeat offenders and increases penalties for some drug offenses, including those involving the synthetic opioid fentanyl. It would also give judges the power to order people with multiple drug offenses to seek treatment.
Supporters say the initiative is necessary to close loopholes that have made it difficult for law enforcement to punish shoplifters and drug dealers. The measure will also help the state tackle the homelessness and drug crises, they said.
Proposition 36 on the California ballot in November would replace Prop. 47, which turned some drug and theft crimes into felonies.
Opponents, including Democratic state leaders and social justice groups, said it would disproportionately lock up poor people and those with substance use problems rather than targeting leaders who hire large groups of people to steal goods for online resale. The initiative would also eliminate drug and mental health funding that comes from the savings from incarcerating fewer people.
The measure would essentially undo Proposition 47, which voters approved a decade ago and which made some theft and drug crimes misdemeanors instead of misdemeanors.
Earlier this year, Governor Gavin Newsom spoke out against Prop. 36 and said that Prop. 47 has saved taxpayers more than $816 million through lower incarceration costs for low-level crimes.
“Prop. 36 takes us back to the 1980s, mass incarceration, it promotes a promise that cannot be kept,” Newsom said. “I would ask those who support it, especially mayors: where are the treatment places, where are the beds? Twenty-two counties do not have a single residential treatment facility. Twenty-two provinces have none. I mean, they’re lying to you.”
Prop. 36 would also create a new crime category called “treatment-compulsory crimes,” where the person charged could undergo treatment instead of going to jail.
Advocates said rampant crime across the state increases the need for harsher punishment.
Rick Caruso, the billionaire developer and former Los Angeles mayoral candidate, ran ads in support of the measure.
“There are two things that people feel,” Caruso said earlier this year. “One is that they see that there is more crime around them and two is that they feel unsafe. So what you have on the ballot with Prop. 36 is an opportunity to change that.”
“A cornerstone of good governance is to try something and if it doesn’t work, turn it around and try to put it right. (Prop.) 36 does that by holding serial criminals accountable,” he added.
The Associated Press contributed to this report.
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