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

Proposition 36 makes theft of items worth $950 or less a felony, punishable by up to three years in county jail or state prison, when the person has two or more prior convictions for certain theft crimes (such as shoplifting, burglary, or carjacking).

Proposition 36 allows people who possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and have two or more prior drug convictions to be charged with a "treatment-mandated felony." Those who complete treatment have their charges dismissed. Those who do not can serve up to three years in state prison.

Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years when three or more people commit the crime together.

Proposition 36 generally requires that sentences lengthened based on the amount of certain drugs sold (such as fentanyl, heroin, cocaine, or methamphetamine) be served in state prison.

Proposition 36 requires courts to warn people convicted of selling or providing certain drugs that they could be charged with murder if they continue to do so and someone dies.

The Legislative Analyst estimated Proposition 36 would increase state criminal justice costs by several tens of millions to the low hundreds of millions of dollars annually, primarily from a state prison population increase of around a few thousand people.

The Legislative Analyst estimated Proposition 36 would reduce the Proposition 47 savings the state must spend on mental health and drug treatment, truancy and dropout prevention, and victim services, likely by the low tens of millions of dollars annually.

Proposition 36 allows the value of property stolen in more than one theft to be added together into a single charge, with the combined value used to determine how serious the charge is.

"Prop. 36 increases penalties for smash-and-grab crimes when three or more people act together to commit theft. It also allows prosecutors to file felony charges if a defendant has two or more prior theft convictions."

"Prop. 36 does not automatically lock up drug users. Instead, it restores drug courts, providing offenders who've been convicted three times with incentives to complete drug treatment."

"Fentanyl is treated less seriously than methamphetamine, heroin, PCP, and cocaine when offenders are armed with a firearm. Prop. 36 will close this loophole while increasing penalties for trafficking large quantities and when a trafficker sells drugs to someone who dies as a result."

"By making simple drug possession a felony, this measure will send thousands into state prison, drive up prison costs, and slash money for local safety programs."

"Prop. 36 will strip millions away from dedicated funding that is spent on rehabilitation and services for crime victims, and it will expand the state prisons budget instead."

"PROP. 36 is an extreme measure that will waste $750 million in taxpayer dollars; cut funding from mental health, drug treatment, and rehabilitation programs; and do nothing to make us safer."

The Legislative Analyst estimated Proposition 36 would likely increase the number of people in county jail and on county community supervision by around a few thousand, and increase local criminal justice costs by tens of millions of dollars annually.