November 5, 2024 Ballot

PROPOSITION 36

Allows Felony Charges and Increases Sentences for Certain Drug andTheft Crimes. Initiative Statute.

ANALYSIS OF MEASURE
BACKGROUND
Punishment Depends on Seriousness of Crime and Criminal History
Punishment for Felonies. A felony is the most serious type of crime. People can besentenced to county jail or state prison for felonies, depending on the crime and their criminal
history. In some cases, people can be supervised in the community by a county probation officer
instead of serving some or all of their sentence in jail or prison. This is called county community
supervision. The length of a sentence mostly depends on the crime. For example, murder can bepunished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five
years in jail or prison, depending on the drug. Sentences can also be lengthened due to details ofthe crime. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, ormethamphetamine) can be lengthened based on the amount sold.
Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include
assault and drug possession. People can be sentenced to county jail, county community
supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail.
Proposition 47 Reduced Punishments for Some Theft and Drug Crimes
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.
For example, shoplifting (stealing items worth $950 or less from a store) and drug possession
generally became misdemeanors.

PROPOSAL

Proposition 36 makes several key changes related to punishments for theft and drug crimes. First,
it increases punishment for some of these crimes. Second, it creates a new treatment-focused court
process for some drug possession crimes. Third, it requires courts to warn people convicted of sellingor providing illegal drugs to others that they can be charged with murder if they keep doing so andsomeone dies.

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November 5, 2024 Ballot

Increases Punishment for Some Theft and Drug Crimes
Proposition 36 increases punishment for some theft and drug crimes in three ways:•Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth$950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if theperson has two or more past convictions for certain theft crimes (such as shoplifting,burglary, or carjacking). The sentence would be up to three years in county jail or state
prison. These changes undo some of the punishment reductions in Proposition 47.

•Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences
for theft or damage of property to be lengthened by up to three years if three or more
people committed the crime together.

•Requires Some Felonies Be Served in Prison. For example, as discussed above,sentences for selling certain drugs (such as fentanyl, heroin, cocaine, ormethamphetamine) can be lengthened based on the amount sold. Currently, thesesentences are served in county jail or state prison depending on the person’s criminal
history. Proposition 36 generally requires these sentences be served in prison.

Creates New Court Process for Some Drug Possession Crimes
Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated
felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possesscertain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more pastconvictions for some drug crimes (such as possessing or selling drugs). These people would
generally get treatment, such as mental health or drug treatment. Those who finish treatment would
have their charges dismissed. Those who do not finish treatment could serve up to three years in state
prison. This change undoes some of the punishment reductions in Proposition 47.
Requires Warning of Possible Murder Charges for Selling or Providing Drugs
Proposition 36 requires courts to warn people that they could be charged with murder if they sellor provide illegal drugs that kill someone. This warning would be given to people convicted ofselling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This
could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs
to someone who dies.

FISCAL EFFECTS

Proposition 36 would have various fiscal effects on the state and local governments. The size ofthese effects would depend on uncertain factors, such as what decisions local prosecutors wouldmake.

Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justicecosts in two main ways.
•Increase in State Prison Population. It would require some people who now serve
their sentences at the county level to serve them in state prison. Also, it lengthenssome prison sentences. In total, the prison population could increase by around a few
thousand people. (There are about 90,000 people in prison now.)

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November 5, 2024 Ballot•Increase in State Court Workload. This is because felonies usually take more time toresolve than misdemeanors. Also, treatment-mandated felonies would increase court
workload.

In total, Proposition 36 would increase state criminal justice costs, likely ranging fromseveral tens of millions of dollars to the low hundreds of millions of dollars each year(annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget.
(The General Fund is the account the state uses to pay for most public services, including education,
health care, and prisons.)
Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justicecosts in two main ways.

••

Net Increase in County Jail and Community Supervision Population. In some ways,
Proposition 36 would reduce the jail and community supervision population. This isbecause some people would go to state prison instead of the county level. In otherways, it would increase this population. This is because some people would spend
more time in county jail or on community supervision. Overall, Proposition 36 likely
would increase the county population. This increase could be around a few thousandpeople. (There are about 250,000 people at the county level now.)
Increase in Local Court-Related Workload. It would also increase workload for local
prosecutors and public defenders. This is because felonies usually take more time toresolve than misdemeanors. Also, treatment-mandated felonies would createworkload for some county agencies (such as probation or behavioral healthdepartments).

In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions ofdollars annually.
Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process inwhich the estimated state savings from its punishment reductions must be spent on mental healthand drug treatment, school truancy and dropout prevention, and victim services. These estimatedsavings totaled $95 million last year. By undoing parts of Proposition 47, Proposition 36 reduces
the state savings from Proposition 47. This would reduce the amount the state must spend on mental
health and drug treatment, school truancy and dropout prevention, and victim services. This
reduction likely would be in the low tens of millions of dollars annually.

Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and localgovernments. For example, if the increased punishments or mandated treatment reduce crime, somestate and local criminal justice costs could be avoided. However, it is unknown if these or othereffects would occur.

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November 5, 2024 Ballot

YES/NO STATEMENTA YES vote on this measure means: People convicted of certain drug or theft crimes could
receive increased punishment, such as longer prison sentences. In certain cases, people whopossess illegal drugs would be required to complete treatment or serve up to three years inprison.
A NO vote on this measure means: Punishment for drug and theft crimes would remain thesame.

SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND
LOCAL GOVERNMENT FISCAL IMPACT•Increased state criminal justice costs, likely ranging from several tens of millions ofdollars to the low hundreds of millions of dollars annually, primarily due to an increase in
the prison population.

•Increased local criminal justice costs, likely in the tens of millions of dollars annually,
primarily due to county jail, community supervision, and court-mandated mental healthand drug treatment workload.

BALLOT LABEL

Fiscal Impact: State criminal justice costs likely ranging from several tens of millions ofdollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely inthe tens of millions of dollars annually.

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