Proposition 36, the ballot measure that among other things toughens penalties for theft and other criminal offenses and which won widespread approval from California voters last month, officially went into effect this week — with supporters hoping it will lead to less crime and opponents fearing a swell in incarceration.

In November, the proposition proved popular — California voters in every county approved the ballot measure with its provisions to reclassify some drug offenses and repeated thefts as felonies, alongside other reforms. It went into effect Wednesday.

The measure walks back some aspects of Proposition 47, which voters approved in 2014. Proposition 47 reclassified some crimes as misdemeanors rather than felonies, but not for those who had been previously convicted of violent crimes such as rape or murder and select gun and sex crimes.

Simple drug possession (absent of intent/interest to sell, share, or stockpile) and theft of merchandise worth $950 or less were some of the crimes reclassified that have received the most attention. Many advocates for Proposition 36 focused on fentanyl-related crimes and smash and grab robberies in advertisements and discussions.

In Orange County, the proposition passed with 74.5% of voters voting yes, a wider margin than in Los Angeles County, where it passed with 64.4%. San Bernardino and Riverside counties were more closely aligned with Orange County, with both counties approving it with more than 73% of the votes.

The proposition was supported by the Orange County Board of Supervisors, the California District Attorneys Association and the California State Sheriffs’ Association. The proposition was opposed by groups such as the League of Women Voters, the Los Angeles County Board of Supervisors and Gov. Gavin Newsom.

Others opposed include the American Civil Liberties Union of Southern California, which stated that Proposition 36 “would impose draconian criminal penalties, including possible prison time, for low-level drug-related offenses—returning California to an era of costly mass incarceration and overcrowded prisons,” in a press release opposing the proposition prior to the election.

“Ultimately the decision to engage in criminal behavior is always the choice of each individual. For too long those who made the wrong choice faced minimal consequences for their actions. Now, Proposition 36 makes clear that making the decision to commit crime will be met with accountability,” Orange County Sheriff Don Barnes said in a statement.

Orange County District Attorney Todd Spitzer connected Proposition 36 to accountability.

“No one should ever be apologetic for wanting to live in a safe community,” Spitzer said.  “Public safety should not be treated as a privilege. Everyone has the right to feel safe in their communities. As prosecutors, we will be fair with repeat offenders, but we will also be serious about holding people accountable for the crimes that they commit and the impact those crimes have on our entire community. There is no excuse for a lack of accountability.”

In accordance with state law, the proposition went into effect five days after the election results were certified, which occurred on Friday, Dec. 13., allowing the proposition to become effective starting Wednesday, Dec. 18.

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