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Proposition 36 on the Nov. 5 ballot would make thefts of $950 or less a felony, punishable by up to three years in county jail or state prison, if the person has two or more past convictions for theft crimes. The measure also permits prosecutors to charge people who possess illegal hard drugs and have two prior drug convictions with a special felony that lets them choose treatment over prison.
Yes: San Jose Mayor Matt Mahan says Prop. 36 would help end suffering on the streets. The measure wouldn’t return California to mass incarceration, but would keep people alive and out of jail. A growing community of locally elected officials are also voting yes.
No: Sacramento Mayor Darrell Steinberg says Prop. 36 would slash treatment funding and increase incarcerations. The measure offers a Catch-22 for addicts — jail if you don’t accept drug treatment. But it would make deep cuts to funding for treatment so that no slots are available.
Editorial: Prop. 36 is a smart response to crime, addiction and homelessness. It’s a much-needed adjustment of Proposition 47, the well-intentioned criminal justice reform measure state voters passed in 2014. While the measure would increase punishments for some theft and drug crimes, it would also create incentives for addicts to seek drug treatment.
