Proposition 36 allows felony charges for possessing certain drugs and for thefts under $950 if a defendant has two prior drug or theft convictions.
A vote in favor of Proposition 36 means people convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs could be required to complete treatment or serve up to three years in prison.
San Luis Obispo County District Attorney Dan Dow says Proposition 36 will make an impact in the community.
“Prop. 36 will immediately have positive effects because it will give the sheriff's office and every law enforcement agency tools to focus on the repeat offenders in our community that today are just on our streets after committing theft and drug crime after another,” Dow said.
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.
For example, theft of $950 or less and drug possession generally became misdemeanors.
Dow says Prop. 36 would give judges and prosecutors the discretion to help treat repeat offenders.
“Fortunately, in our community, I think a majority already know that Prop. 36 is necessary to fix Prop. 47 that we passed in 2014. Four out of five county supervisors — that's two Republicans, two Democrats — have joined the sheriff and I in endorsing Prop. 36," Dow said. "And people in our treatment programs are saying we need to have the teeth in the law to help ensure that people take advantage of the treatment options that are available to them.”
The American Civil Liberties Union of Southern California is encouraging a 'no' vote on Proposition 36.
They say that if it’s passed, it will cut funding from trauma recovery services for crime victims and mental health and substance abuse treatment programs.
"Prop. 36 makes a promise that there will be increased access to community-based care,” said Meredith Gallen, ACLU of Southern California, Senior Staff Attorney. “But in fact, the proposition doesn't add a dollar towards those funding and it rolls back Proposition 47, which earmarks millions of dollars a year to programs in our communities that we know work. So these programs rehabilitate folks so that they don't commit crimes, and we know that people who participate in those types of programs have lower recidivism rates than people who go to prison.”
The San Luis Obispo Chamber of Commerce is taking a neutral position on the proposition.
“Proposition 36 deals with it and makes mandatory minimum sentences for dealing in certain drugs. That was a question where our board, the chamber's board... a question of whether that was the right way to be dealing with the issue,” said Jim Dantona, SLO Chamber of Commerce President/CEO. “So in the end, the SLO Chamber Board recommended that we be neutral on this proposition.”
