California's Proposition 36 Faces Funding Shortfall Despite 70% Voter Approval

Sacramento, California – California's Proposition 36, a ballot measure approved by approximately 70% of voters in November 2024 to increase penalties for certain drug and theft crimes, is facing significant funding challenges, leading to concerns from local officials and lawmakers. Despite its "landslide" victory at the polls, the state's proposed budget does not fully allocate funds for the measure's broad implementation costs, particularly for behavioral health, court, and law enforcement expenses.

The measure, which rolled back some provisions of the 2014 Proposition 47, aims to reclassify certain misdemeanors as felonies and create "treatment-mandated felonies" for repeat drug offenders. However, critics argue that while Prop 36 mandates treatment, it fails to provide dedicated funding for developing or delivering these required services, placing an unfunded burden on local jurisdictions.

Governor Gavin Newsom's administration recently announced $127 million in grants for programs eligible under both Prop 36 and Prop 47, in addition to $100 million approved in the state budget for Prop 36. However, San Jose Mayor Matt Mahan, a vocal supporter of Prop 36, criticized the state's funding as "inadequate," stating it is "not serious" compared to the multi-billion dollar state budget. The Legislative Analyst's Office (LAO) estimates that Prop 36 will increase state criminal justice costs by tens to hundreds of millions annually, and local costs by tens of millions.

A key point of contention is the impact on funding previously generated by Proposition 47. Prop 47 savings, which totaled nearly $1 billion since its inception, were allocated to mental health, substance use disorder treatment, K-12 schools, and victim services. The implementation of Prop 36 is projected to reduce these savings, potentially diverting funds from established programs that have shown success in reducing recidivism and homelessness.

Lawmakers, including Republican Senator Roger Niello, have urged the state to find sufficient funds, especially for drug and mental health treatment. San Benito County Sheriff Eric Taylor highlighted the strain on local resources, noting that jails have become the de facto source of treatment due to lack of funding. The debate continues as the state grapples with how to reconcile voter mandates with budgetary realities and the operational costs of the newly enacted legislation.