California’s Prop 36 is now in effect, increasing the penalties for certain theft and drug crimes

LOS ANGELES (KABC) — After winning broad support in the November election, California’s Proposition 36, which increases penalties for certain theft and drug crimes, took effect Wednesday.

What is Prop 36?

The measure makes shoplifting a felony for repeat offenders and increases penalties for some drug charges, including those involving the synthetic opioid fentanyl. It would also give judges the power to order people with multiple drug charges to get treatment.

Advocates said the initiative is needed to close loopholes that have made it challenging for law enforcement to punish shoplifters and drug dealers. The measure will also help the state deal with homelessness and drug crises, they said.

Opponents, including Democratic state leaders and social justice groups, said it would disproportionately incarcerate poor people and those with drug addictions rather than targeting ringleaders who hire large groups of people to steal goods for resale online. The initiative would also eliminate funding for medicine and mental health that comes from savings from incarcerating fewer people.

The measure would essentially dismantle Proposition 47, which voters approved a decade ago and made some theft and drug offenses felonies.

Earlier this year, Gov. Gavin Newsom spoke out against Prop. 36 and said that Prop. 47 have saved taxpayers more than $816 million through reduced incarceration costs for minor crimes.

“Prop. 36 takes us back to the 1980s, mass incarceration, it promotes a promise that cannot be kept,” Newsom said. “I want to ask those who support it, especially mayors: Where are the treatment sites, where are the beds? Twenty-two counties don’t have one treatment facility. Twenty-two counties don’t have one. I mean, they’re lying to you.”

Plug. 36 would also create a new category of crime called “treatment-mandated crime” where the accused could go to treatment instead of prison.

Supporters said rampant crime across the state increases the need for tougher sentences.

Rick Caruso, the billionaire developer and former Los Angeles mayoral candidate, ran ads supporting the measure.

“There are two things that people feel,” Caruso said earlier this year. “One is, they see there’s more crime around them, and two is they feel unsafe. So what you have on the ballot with Prop. 36 is an opportunity to change that.”

“A cornerstone of good government is to try something and when it doesn’t work, pivot and try to fix it. (Prop.) 36 does that by holding serial criminals accountable,” he added.

The Associated Press contributed to this report.