California's Prop 36 now in effect, increasing penalties for certain theft and drug crimes

FRESNO, Calif. (KFSN) -- After winning wide enactment successful the November election, California's Proposition 36, which increases penalties for definite theft and cause crimes, went into effect Wednesday.

What is Prop 36?

The measurement makes shoplifting a felony for repetition offenders and increases penalties for immoderate cause charges, including those involving the synthetic opioid fentanyl. It besides would springiness judges the authorization to bid radical with aggregate cause charges to get treatment.

Proponents said the inaugural is indispensable to adjacent loopholes that person made it challenging for instrumentality enforcement to punish shoplifters and cause dealers. The measurement volition besides assistance the authorities code the homelessness and cause crises, they said.

Opponents, including Democratic authorities leaders and societal justness groups, said it would disproportionately imprison mediocre radical and those with substance usage issues alternatively than people ringleaders who prosecute ample groups of radical to bargain goods for resale online. The inaugural would besides instrumentality distant cause and intelligence wellness backing that comes from savings from incarcerating less people.

The measurement would fundamentally unwind Proposition 47, which voters approved a decennary agone and made immoderate theft and cause crimes misdemeanors alternatively of felonies.

Earlier this year, Gov. Gavin Newsom spoke retired against Prop. 36, saying Prop. 47 has saved taxpayers much than $816 cardinal done reduced incarceration costs for insignificant crimes.

"Prop. 36 takes america backmost to the 1980s, wide incarceration, it promotes a committedness that can't beryllium delivered," Newsom said. "I would inquire those who enactment it, peculiarly mayors: Where are the attraction slots, wherever are the beds? Twenty-two counties don't person 1 residential attraction facility. Twenty-two counties don't person one. I mean, they're lying to you."

Prop. 36 would besides make a caller class of transgression called "treatment-mandated felony," wherever the idiosyncratic charged could spell into attraction alternatively of prison.

Supporters said rampant transgression passim the authorities increases the request for harsher penalties.

The Associated Press contributed to this report.