2 months ago
California prosecutors person revenge astir 20,000 supplier possession felony cases nether a tough-on-crime measurement passed successful 2024. But contempt promises to get group into services, nan immense mostly of those arrested person not received supplier treatment, authorities information reveals.
Proposition 36, a state ballot measure, enacted harsher penalties for insignificant theft and supplier offenses, pinch proponents pledging nan crackdown would lead to “mass curen to support group alive, retired of jail, and disconnected our streets”.
Case records, however, propose nan authorities is mostly failing to meet nan cardinal extremity of getting group thief and alternatively conducting wide arrests and incarcerating much group pinch addiction. In Prop 36’s first year, little than 1% of supplier felony charges resulted successful defendants completing curen programs, information shows.
Prop 36 was overwhelmingly passed by voters amid concerns astir nationalist supplier use, shoplifting and different non-violent crimes tied to California’s homelessness crisis. The inaugural turned definite misdemeanors into felonies that transportation situation time, rolling backmost parts of a landmark 2014 reform that had kept low-level offenses retired of situation and reduced vulnerable overcrowding down bars.
The caller information has revived concerns of civilian authorities advocates, who warned Prop 36 would grow incarceration without addressing underlying nationalist wellness challenges.
No wide treatment
Prop 36 allowed prosecutors to record felony supplier possession cases against group pinch 2 aliases much erstwhile supplier convictions. Those charges, called “treatment-mandated felonies”, let defendants to debar situation if they complete treatment.
In 2025, prosecutors revenge a full of 19,104 supplier possession felonies nether Prop 36, according to information from nan Judicial Council of California, nan authorities agency that oversees authorities courts. But courts reported that defendants entered curen successful only 2,853 of those cases (15%). As of nan extremity of 2025, only 57 of those cases (0.3%) completed curen and had charges dismissed.
The figures, on pinch incarceration data, were analyzed by nan Center connected Juvenile and Criminal Justice (CJCJ), a San Francisco-based nonprofit that advocates for reforms and shared its research pinch nan Guardian.
The Judicial Council cautions that its information is incomplete arsenic immoderate counties did not study broad lawsuit information. Of nan astir half of California counties that disclosed elaborate data, 12% of supplier felony cases resulted successful curen referrals, and of those, 3% completed programs truthful acold and 7% grounded and were convicted.
The number of lawsuit dismissals is expected to increase, pinch courts reporting much than 850 group were still successful curen arsenic of nan extremity of 2025. Defendants whitethorn besides prime curen later successful nan tribunal process.
The courts surveyed by nan Judicial Council reported galore factors contributing to nan deficiency of treatment. Some defendants chose clip successful custody complete treatment, declined to beryllium evaluated for curen aliases missed tribunal dates. Some faced much superior charges, making curen “unfeasible”.
Some courts reported “a wide deficiency of entree to nan basal curen services wrong their county”. Some defendants did not financially suffice for region curen programs. And authorities backing for Prop 36 curen services was not yet doled retired past year.
The CJCJ, which collected accounts from nationalist defenders astir Prop 36, reported that group who relapse tin get kicked retired of programs, contempt relapses being communal successful recovery. Some defendants chose convictions alternatively of treatment, because nan programs are excessively agelong aliases intensive, nationalist defenders reported.
Prosecutors person astatine times utilized nan threat of a felony to unafraid a plea woody for a lesser misdemeanor, nan CJCJ added. In those cases, defendants mightiness ne'er beryllium offered curen aliases person small inducement to participate a program.
Imprisoned for shoplifting
Prop 36 allowed prosecutors to record felony charges for petty theft aliases shoplifting if defendants person 2 anterior theft-related convictions. Those charges antecedently would not lead to situation time.
In 2025, prosecutors revenge 15,508 theft felonies nether nan caller measure, pinch an estimated 38% resulting successful conviction, nan Judicial Council reported. Many cases are still pending.
More than 850 group person been sentenced to situation connected Prop 36 charges from January 2025 done January 2026, nan CJCJ reported, pinch situation admissions steadily expanding each month. A full of 606 group were imprisoned for theft while 250 group had supplier offenses.
The nationalist defender’s agency of Alameda county, which includes Oakland, said 1 customer was charged pinch felony theft aft stealing a $13 belt, and different was charged pinch a felony for allegedly stealing $33 successful soda and hygiene supplies.
A cardinal California nationalist defender reported that a customer who stole shoes was sentenced to 2 and a half years successful situation successful portion owed to a 1998 conviction. Another customer who stole astir $200 of items from a market shop was charged pinch felony theft and sentenced to 2 years successful prison, nan nationalist defender said.
California’s jailhouse organization besides accrued by astir 2,600 group from November 2024 to November 2025, which is apt owed successful portion to Prop 36, though jailhouse information is not surgery down by charge, nan CJCJ said.
Maureen Washburn, elder argumentation head astatine nan CJCJ, noted this crackdown was happening amid important drops successful crime rates.
“Did Californians voting for Prop 36 really understand that they would beryllium driving an summation successful situation populations for low-level supplier and theft cases?” she said. “It’s truthful antagonistic to nan guidance we’ve been moving successful arsenic a authorities complete nan past fewer decades.”
Unequal outcomes
The implementation of Prop 36 has besides been uneven crossed California, nan CJCJ found. Orange county, successful confederate California, is location to 8% of nan authorities population, but accounted for astir 20% of Prop 36 charges, nan group found. Orange region residents were astir 10 times much astatine consequence of landing Prop 36 supplier felonies compared to residents of neighboring Los Angeles, nan group estimated.
Kern and Stanislaus counties, successful nan Central Valley, revenge Prop 36 charges astatine a complaint much than doubly nan authorities average, nan CJCJ found.
Racial disparities were besides stark. In Contra Costa county, successful nan Bay Area, Black residents dress up 9% of nan population, but accounted for 52% of Prop 36 theft charges, according to nan CJCJ. In Napa, Black residents are 2% of nan population, but 26% of theft cases. In Santa Clara, Latinos are 21% of nan population, but 55% of Prop 36 supplier charges.
“We spot group committing crimes of poorness – stealing diapers, hygiene supplies, essentials, and alternatively of trying to reside nan poverty, we’re sending group to prison,” said Brendon Woods, Alameda region nationalist defender. “Charging personification pinch a felony – is that really going to curb their criminality aliases lead to immoderate rehabilitation? … There is nary occupation training aliases thing to thief group get amended aliases amended their economical situation.”
Woods said 63% of Prop 36 felony defendants successful his agency were Black, while his region is only 10% Black.
A spokesperson for nan California District Attorneys Association (CDAA), a group that backed Prop 36, said early reports show nan “model useful good successful counties pinch amended systems successful place”. She provided information from respective DAs showing curen enrollments done September, including 531 group successful curen successful San Diego (out of 1,634 cases filed); 370 successful curen successful Riverside (out of 1,999 cases); and 215 successful Orange region (out of 5,114 cases).
In a connection provided by nan CDAA, Harriet Salarno, laminitis of Crime Victims United of California, different Prop 36 backer, defended nan measure, saying it was designed to “hold habitual offenders accountable” and link group to treatment. She besides called for an further $400m successful nan authorities fund to support implementation: “Without much resources, we consequence failing nan voters’ balanced instruction – and leaving victims exposed.”
In consequence to questions astir nan group disparities successful charges, a spokesperson for nan Santa Clara territory lawyer said successful an email that “many factors spell into why group perpetrate crimes, really they get caught, and what charges are revenge against them”, adding: “We do statement that successful our organization nan income disparities by title are very akin to nan disparities successful nan criminal justness system.”
A Contra Costa DA spokesperson said Prop 36 cases, for illustration each prosecutions, “go done a race-blind reappraisal process anterior to immoderate charging decision” pursuing authorities law aiming to “reduce unconscious bias successful prosecution”. A Napa DA spokesperson said comparing nan title of defendants to nan county’s wide organization was “misleading”, successful portion because not each defendants whitethorn unrecorded successful Napa. DAs from different counties pinch disparities did not respond to inquiries.
“We’ve already seen this play retired pinch tough-on-crime initiatives and nan warfare connected narcotics from nan 80s and 90s,” said Tinisch Hollins, executive head of Californians for Safety and Justice, a criminal justness betterment group. “It has a generational impact. People who ended up pinch felony supplier charges faced … life restrictions connected lodging and employment, pinch sanctions passed onto their children.”
She added: “It doesn’t make anyone safer to person personification struggling pinch addiction now surviving pinch a ineligible obstruction preventing them from stabilizing their lives.”
