Initiate Justice Action

Proposition 36 |
INCREASE CRIMINAL PENALTIES
FOR THEFT & DRUG POSSESSION

IJ Action Recommendation: VOTE NO

Description

INCREASE CRIMINAL PENALTIES FOR THEFT & DRUG POSSESSION

Background

Prop 36 would increase sentences for thefts under $950 and drug possession - thereby rolling back Prop 47 - forcing people into mandated treatment, and making it easier to charge someone with murder for distributing certain illegal drugs.

This measure is led by the CA District Attorneys Association and the CA Sheriff’s Association in an effort to repeal parts of Prop 47, despite the fact that there is no conclusive evidence to link Prop 47 with increased crime. The media sensationalization of offenses such as “smash and grab” robberies often address crimes that were not changed under Prop 47, such as robbery, burglary, and conspiracy.

Prop 47 has also resulted in more than $800 million in state savings over the years, which has funded education and reentry services, and has contributed to a drop in recidivism. Passing Prop 36 would reduce these cost savings and thereby reduce reentry services in the community.

Furthermore, Prop 36 would allow for people to be charged with felonies for possession of certain drugs, which is currently only charged as a misdemeanor, and can make it easier for people to be convicted of murder for selling certain drugs if the person who uses the drugs dies as a result. This ballot measure would also allow for more court-mandated drug treatment over voluntary drug treatment services.

Supporters

Funders: Walmart, Home Depot USA, Inc., Target Corporation; California Correctional Peace Officers Association; 7-Eleven; Macy’s Inc., San Manuel Band of Mission Indians; California Business Roundtable Issues PAC; Ulta, Inc.; Franchise Owners Association Southern California; United Auburn Indian Community of the Auburn Rancheria; Stater Bros. Holdings Inc.

Organizations: CA District Attorneys Association, CA Sheriff’s Association, CA Republican Party

Opponents

Funders: ACLU of Northern California; Stacy H. Schusterman; The San Francisco Foundation; Quinn Delaney; Django Bonderman

Organizations: Community organizations such as: Initiate Justice and IJ Action, the ACLU, Ella Baker Center and Ella Baker Center Action,

IJ Action Recommendation

As a member of the grassroots coalition to defeat Proposition 36, IJ Action strongly recommends a no vote. Proposition 36 risks upending a decade of modest but significant prison reform policies that have brought our loved ones home sooner, kept thousands of people out of prison, funded critical prevention and treatment programs, and made our communities safer. If passed, Proposition 36 would also likely set back efforts to build on existing criminal justice reforms for the foreseeable future.

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