California Public Safety Committee Considers Bill to Support Implementation of Prop. 36

Superior Court of California in Santa Ana, Calif., on Oct. 22, 2020. John Fredricks/The Epoch Times

A California bill that aims to provide funding for the implementation of Proposition 36, a voter-approved state law that increases penalties for some drug and theft crimes, was referred to the state Senate’s public safety committee Feb. 14.

Senate Bill 38 would make drug courts and collaborative court programs eligible for state grants, according to Sen. Tom Umberg (D-Santa Ana), who introduced the bill in December.

“The voters have spoken loud and clear,” Umberg said in a statement Thursday. “It’s our job now to make sure that Proposition 36 is given the support it needs to succeed.”

SB 38 proposes to amend the Second Chance Program for people already in the criminal justice system by allowing more programs to become eligible for competitive grants administered by the Board of State and Community Corrections (BSCC).

Previously, the grants were only available for mental health treatment, substance use treatment, and diversion programs.

“Additionally, Senate Bill 38 allows for public entities to apply for this funding, which will help county courts, prosecutors, public defenders, probation departments, and behavioral health programs coordinate as they work to implement Prop 36,” according to Umberg’s office.

The grant program puts an emphasis on reducing recidivism for people convicted of less serious crimes, and other inmates who have drug and mental health problems.

California law allows defendants who are charged with felony or misdemeanor drug violations to choose treatment instead of jail, prison, or probation sentences.

State voters approved Proposition 47 in November 2014, which reduced penalties for drug possession and other related crimes from felonies to misdemeanors. The law generated cost savings for the state, according to Umberg’s office, and some of these funds are used for the BSCC grants.

In November 2024, voters overwhelmingly approved Proposition 36, which amended Prop. 47 by rolling back some punishment reductions and allowing judicial discretion to charge repeat offenders with felonies. For example, it established a “treatment mandated felony” option for people with two or more prior serious drug convictions.

This allows people with serious addictions to choose drug treatment rather than incarceration, according to Umberg’s office.

The new law also orders courts to issue a warning—nicknamed Alexandra’s Law after 20-year-old fentanyl poisoning victim Alexandra Capelouto—to those convicted of distributing fentanyl and other narcotics that if they give substances to someone who dies as a result, they could face murder charges.

More than 10 million Californians approved the ballot measure, making up more than 68 percent of the vote.

Umberg’s bill is supported by the Chief Probation Officers of California.

“We know firsthand that highly incentivized drug treatment, when paired with supervision and accountability, delivers effective results,” said San Joaquin County Probation Chief Steven Jackson in a Feb. 13 statement.

Travis Gillmore contributed to this report.