Proposition 36, a much-desired measure on the November ballot went into effect on Wednesday, November 18th.

Prop 36 changes existing California Law in several ways:

  • It effectively rolls back parts of Prop 47 by turning some misdemeanors into felonies – especially when it comes to thefts. Before it was enacted, stealing less than $950 was a misdemeanor. Now, if a person is caught committing the same crime, but has two or more prior convictions, the crime becomes a felony. It increases the sentence, too, to up to 3 years in jail or prison.
  • It lengthens sentences for crimes committed with other people. If three or more people commit the crime of theft and/or property damage together, the sentence can be increased by up to three years.
  • Certain sentences must be completed in state prison as opposed to a county jail. For example, sentenced for selling narcotics including fentanyl, cocaine, heroine, and others, can be extended depending on the amount sold. These sentences are either served in county jail or state prison depending on whether it is a misdemeanor or a felony. Now, Prop 36 makes it so that most of these sentences must be served in California State prison.

Those who supported the bill believe it was necessary to close loopholes in the controversial Prop 47 – the law that reduced the penalties for many non-violent misdemeanors. It was passed in Nov. 2016 in an effort to reduce severe overcrowding in California prisons. They also cite that it has made catching and prosecuting certain thieves and drug offenders. Prop 36, they hope, will change this.

People who opposed the bill believed it would disproportionately affect poor people and drug addicts. They do not believe the law will enable police to catch ringleaders and people organizing the crimes. Instead, they say it will just make low-hanging fruit (drug addicts and people who steal food/diapers/formula) easier to prosecute.

Only time will tell what the effects of the new law will be. However, it’s looking like it may wind up being a mixed bag of good changes for some, less than good for others.