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Prop 36 Explainer: Increase penalties for theft and drug trafficking

Cal Matters

If Prop. 36 passes, people could be charged with a felony for stealing or getting caught with hard drugs, if they already have two prior theft or drug convictions.

The proposition would also give people the option to complete drug treatment instead of going to prison. 

Prop. 36 would roll back a decade-old law that reduced penalties for certain theft and drug crimes.

Prosecutors, police and big box retailers now blame these reduced penalties for an increase in shoplifting and other theft and say ramping penalties back up will discourage more people from stealing .

They also say Prop. 36 will help combat homelessness by offering unhoused people who get caught with drugs the option to pursue treatment instead of going to prison.

Opponents say that no studies on criminal justice or homelessness support the idea that harsher punishments prevent crime or get people off the street.

CapRadio is the NPR-member station located in Sacramento, Ca, and is a service of Sacramento State University. It serves Northern California and Western Nevada cities, including Sacramento, Reno, Stockton, Chico, Redding, and Eureka.
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