Cara Brown McCormick
In November 2024, California voters in all 58 counties approved Proposition 36, known as the "Homelessness, Drug Addiction, and Theft Reduction Act," with approximately 68.4% in favor.
Treatment-Mandated Felonies
The new law took effect on December 18, 2024, and California prosecutors are now charging people convicted of various third-time drug offenses with a “treatment-mandated felony,” which would direct them to substance use disorder or mental health treatment or face up to three years in jail or prison.
According to CalMatters, as of Feb. 4, nearly 30 people have been charged with the treatment-mandated felony in Yolo County. In Stanislaus County, roughly 140 people have been charged with the new felony as of Feb. 10. And in Orange County, that number has passed 500 as of Feb. 7.
Legislative Support and Implementation
Sen. Tom Umberg, a Democrat from Santa Ana, recently introduced legislation to help facilitate the implementation of Prop. 36. “Every Californian should be treated equally under the law,” said Umberg. “It is my intent to make sure we fulfill the mandate of Prop. 36,” he said.
Prop 36 requires some felonies to be served in prison. Sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.
Before the law was passed, these sentences were served in county jail or state prison, depending on the person’s criminal history. Other key provisions being implemented include:
Increased Penalties for Theft Crimes
The measure allows prosecutors to file felony charges for thefts under $950 if the defendant has two or more prior theft convictions. It also increases penalties for organized theft activities, such as "smash-and-grab" crimes involving three or more individuals acting together.
Alexandra’s Law
A bill Umberg carried last year – SB 44 – was part of Proposition 36 as approved by 3 out of every four California voters. Known as Alexandra’s Law, after an overdose victim, California courts are now required to warn individuals convicted of selling or providing specific drugs (such as fentanyl, heroin, cocaine, and methamphetamine) that they could be charged with murder if they distribute drugs that result in someone's death.
Here is the court warning message:
“You are hereby advised that all illicit drugs and counterfeit pills are dangerous to human life and become even deadlier when they are, sometimes unknowingly, mixed with substances such as fentanyl and analogs of fentanyl. People can and have died from these substances, even in very small doses. It is extremely dangerous and deadly to human life to sell or administer drugs, in any form, when not lawfully authorized to do so. If you do so in the future and a person dies as a result of that action, and you knew or should have known that the substance you provided contained fentanyl or a fentanyl analog, you may be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.” Code. In addition, this conviction will be considered by a judge or jury as to whether you knew or should have known that the substance you provided to the decedent contained fentanyl.”
Supported by Democrats, Republicans and Independents
Proposition 36 garnered support from Democrats, Republicans and independents and various groups, including law enforcement organizations, public employee unions, correctional officers, big retailers like Home Depot, and the Family Business Association of California.
The American Civil Liberties Union (ACLU) of Northern and Southern California, Governor Gavin Newsom, and the California Democratic Party opposed the measure.