Debunking the Myths about Proposition 36

Prop 36 is a balanced reform to target the causes of California’s theft and drug addiction crisis.

“Prop 36 would cost $26 billion in new prison spending.”

Prop 36 will only increase costs by, at most, 0.5% of the state’s current budget

While opponents utilize wildly inaccurate and inflated cost estimates, the official estimate from the non-partisan Legislative Analyst’s Office is clear. Prop 36 will only increase costs by, at most, 0.5% of the state’s current budget—or a few hundred million dollars—and increase the prison population by a few thousand people.

Prop 36 takes a balanced, targeted approach to improve accountability for those who repeatedly commit crimes. It has safeguards to ensure that low-level offenders do not end up in prison by preserving judges’ and prosecutors’ discretion so that only repeat offenders or those who commit serious crimes serve prison time.

Prop 36 will also realize huge savings for individuals and businesses, reducing the cost of crime. California small businesses and stores lost nearly $9 billion in 2022 from theft and the high costs of deterring theft through increased security and lost sales due to the need to lock up items.

“Prop 36 wastes $3.2 billion on coercive ‘Treatment-Mandated’ Felonies.”

Prop 36 tackles the drug addiction crisis by incentivizing treatment

Drug-related deaths and addiction are at crisis levels in California, with overdoses killing nearly as many people as lung cancer, more than diabetes, and almost three times as many people as car accidents.

Prop 36 creates a Treatment-Mandate Felony for repeat drug offenders to ensure there are incentives to complete treatment. Those who successfully complete drug and mental health treatment can have a drug possession charge fully expunged, giving people a chance to begin new lives.

Prop 36 leverages other funding sources to pay for treatment programs, like the billions of dollars coming online for local governments for substance abuse and mental health programs provided through the newly enacted Proposition 1, along with existing programs like Medi-Cal.

“Prop 36 threatens to repeal Prop 47, which has saved California $800 million.”

Prop 36 reforms only the unintended consequences of Proposition 47 while maintaining the provisions that work

Prop 36 makes tailored reforms to Proposition 47, ensuring a significant portion of these funds will still be available moving forward. The non-partisan Legislative Analyst’s Office estimates that Prop 36 will only increase the state prison population by “a few thousand people.”

Because Prop 36 does not fully repeal Proposition 47, it is expected to have a limited impact on grant funding provided by Proposition 47. Proposition 47 has only provided about $40 million annually on average in grants to local governments for programs. Furthermore, only a handful of local governments receive these grants, and many counties receive no grant funding.

The Prop 47 grant program contrasts with Proposition 1, which will provide far more funding to local governments for addressing mental health and substance use disorders.

“Prop 36 is only supported by law enforcement and conservatives.”

Broad bipartisan support exists for Prop 36’s balanced public safety and addiction reform

A large, diverse coalition of Democrats, Independents, and Republicans support Prop 36’s balanced approach to improving public safety and reducing drug addiction.

Supporters of Prop 36 include big city mayors like San Francisco Mayor London Breed, San Diego Mayor Todd Gloria, and San Jose Mayor Matt Mahon; a large group of Democratic state legislators; cities, counties, and local government leaders from across the state; and social justice organizations.

“Prop 36 is unnecessary because of a recent package of bills passed by the Legislature.”

Prop 36 provides real solutions to combat retail theft and fentanyl crisis, unlike legislative band-aids

The Legislature’s Retail Theft Package is a band-aid approach to the retail theft epidemic plaguing California. It does nothing to combat the state’s fentanyl overdose crisis, like passing Alexandra’s Law to hold fentanyl traffickers accountable if they cause a person’s death.

The new laws do not address the primary source of the retail theft problem: serial and professional thieves who repeatedly commit shoplifting and theft offenses with little consequences. Only voters can fix that problem by amending Proposition 47 to allow felony charges for repeat offenders by combining the value of multiple thefts or for a person convicted at least three times of theft.

“Prop 36 is unnecessary because retail theft is not increasing.”

Prop 36 addresses rising shoplifting and burglary rates fueled by Proposition 47

An analysis of crime statistics from the Public Policy Institute of California show shoplifting increased dramatically in recent years, by 29% in 2022 and 39% in 2023.

Since 2014, when Proposition 47 passed and reduced penalties for theft, shoplifting and commercial burglaries have increased 11%. This figure likely understates the problem as these crimes are heavily underreported to law enforcement.