California voters are expected to decide on criminal justice proposals in November

Two initiatives on the ballot in November aim to change California's criminal justice policy, but each in a different direction.

Proposition 36 would expand some drug and theft offenses from misdemeanors — typically minor crimes punishable by up to a year in prison — to felonies, the most serious type of crime. Proposition 6 amends the California Constitution to eliminate involuntary servitude as a possible punishment for criminals.

Under Proposition 36, theft of $950 or less could become a felony, punishable by a sentence of up to three years, if the offender has been convicted of similar crimes twice or more. If three or more people were involved in a theft or property damage crime, their felony sentence could be increased by up to three years.

Proposition 36 is a partial reversal of Proposition 47, which downgraded many petty theft and drug crimes to misdemeanors when passed in 2014. Ingrid Eagly, faculty co-director of the Criminal Justice Program at the UCLA School of Law, said the law, if passed, would send more people to prison for longer periods of time.

The proposal would also require sentences for selling certain hard drugs — including fentanyl, heroin, cocaine and methamphetamine — to be served in state prisons rather than county jails.

Additionally, people accused of selling drugs would receive a warning that their actions could lead to a murder charge if someone died after taking the drugs they sold, which would increase the likelihood of a conviction, according to the California Legislative Analyst's Office murder charges could increase in the future.

Eagly added that the changes to sentencing for drug offenses would lead to an increase in prison populations.

“It also creates this drug crime, which is a new crime and would bring more people into treatment with stressful conditions that can then lead to prison sentences,” she said.

According to the California LAO, the cost of Proposition 36 would likely range from “tens of millions of dollars to the low hundreds of millions of dollars per year” because of the costs of housing more prisoners and sentencing for crimes that often take a lot of time , have risen longer.

A spokesman for Yes on Prop 36 and former Daily Bruin staffer said the organization believes the LAO's estimate is an overestimate. They added that even if the costs were so high, they were only a small part of the state budget and were worth the benefits.

“It (Proposition 36) holds those who repeatedly commit retail theft and fentanyl sales crimes responsible for the safety and health of our communities,” the spokesperson said. “It brings back the incentives and accountability individuals need to engage them in necessary drug treatment and employment programs.”

According to a report from the Public Policy Institute of California, reports of shoplifting increased 28% from 2019 to 2023. In Los Angeles County, reports of shoplifting and commercial burglaries increased 40% during the same period.

Fidel Chagolla, an organizer with All of Us or None — a group that advocates for incarcerated people and their families — said he doesn't believe there is a connection between Proposition 47 and an increase in crime. Chagolla added that the recidivism rate, the percentage of people who return to the criminal justice system after being released from jail or prison, is at an all-time low.

“They want to connect it to what’s going on right now with fentanyl, youth and smash and grabs,” he said. “But the reality is it has nothing to do with Proposition 47.”

A PPIC poll in September found that 71% of likely voters supported the proposal.

Also on the California ballot in November is Proposition 6, which would ban involuntary servitude in California prisons and jails.

Currently, prisoners who refuse to work can be disciplined, often in the form of loss of privileges. Those who work often earn wages of less than a dollar an hour or simply earn time credits that shorten their sentences.

Proposition 6 would no longer require prisoners to work and prohibit punishment for those who don't, following the example of states like Alabama, Oregon and Utah, which have also removed involuntary servitude for prisoners from their constitutions in recent years . Chagolla said that while slavery is almost entirely outlawed, state constitutions often do not provide such protections for prisoners.

“People are still living in slavery when they come into contact with the justice system,” he said. “The justice system locks people up and then they are forced to work against their will and without their consent.”

There is no official public opposition to Proposition 6. However, the September PPIC poll found that fewer than half of likely voters said they would vote yes on the measure.

The California LAO estimates that the impact of Proposition 6 on the state budget would be minimal.

“(Prop 6 could result in a) potential increase or decrease in criminal justice costs at the state and local levels depending on how the rules around work change for people in state prisons and county jails,” the California LAO states website. “The effect would probably not be more than tens of millions of euros per year.”

Los Angeles residents can vote in person on Tuesday at locations including the Ackerman Student Union, the Hammer Museum or De Neve Plaza. Voters can also submit a mail-in ballot as long as it is postmarked by Election Day.